OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

Paragraph 7 of Schedule 11 to the Immigration and Asylum Act 1999 provides that if it appears to the escort monitor or (as the case may be) contract monitor that a detainee custody officer is not a fit and proper person to perform escort duties or (as the case may be) custodial duties he may refer the matter to the Secretary of State or may, in prescribed circumstances, suspend the officer’s certificate pending the Secretary of State’s decision as to whether to revoke it.

These Regulation prescribe those circumstances, which are where—

(a)

an allegation has been made against the detainee custody officer; or

(b)

that officer has been charged with a criminal offence or disciplinary action is being taken against him; or

(c)

it appears that he is by reason of physical or mental illness or for any other reason incapable of satisfactorily carrying out his duties.