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The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024

S.I. 2024/573 · Made 29 April 2024

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

IMMIGRATION

Made 29th April 2024

Laid before Parliament 30th April 2024

Coming into force 21st May 2024

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 59(5) and (6) of the Immigration Act 2016f1.

In accordance with section 59(4) of that Act, a draft of the guidance to be brought into force in accordance with these Regulations has been laid before Parliament.

Annotations to the whole text

Footnotes

f1

2016 c. 19.

Contents

  1. 1Citation, commencement and extent
  2. 2Guidance
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024 and come into force on 21st May 2024.

(2)

These Regulations extend to England and Wales, Scotland and Northern Ireland.

2Guidance

The guidance entitled “Immigration Act 2016: Revised guidance on adults at risk in immigration detention”, a draft of which was laid before Parliament on 30th April 2024 by the Secretary of State under section 59(4) of the Immigration Act 2016, comes into force on 21st May 2024.

Signature

Michael Tomlinson

Minister of State

Home Office

29th April 2024

Explanatory note

(This note is not part of the Regulations)

These Regulations bring into force revised guidance specifying matters to be taken into account in determining whether a person would be particularly vulnerable to harm if that person were to be detained or to remain in immigration detention and, if so, whether that person should be detained or remain in immigration detention.

The revised guidance replaces the guidance entitled “Immigration Act 2016: Revised guidance on adults at risk in immigration detention” which was brought into force on 25th May 2021 by the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2021 (S.I. 2021/184).

The draft revised guidance on adults at risk in immigration detention is published by the Stationery Office and copies may be obtained from the Stationery Office bookshops or online shop, with final guidance to be available in the same way. The draft guidance is also available on the adults at risk in immigration detention pages of the gov.uk website, with final guidance to be available in the same way.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.