Paragraph 1

England and Wales

(1)

A person is an exempt individual on a particular day if at any time on the day—

(a)

he is detained in a prison, a hospital or any other place by virtue of an order of a court to which sub-paragraph (2) below applies,

(b)

he is detained under paragraph 2 of Schedule 3 to the M1Immigration Act 1971 (deportation),

(c)

he is detained under section 136 of the M2Mental Health Act 1983 (detention in place of safety), or

(d)

he is detained under a warrant issued under the M3Repatriation of Prisoners Act 1984.

(2)

This sub-paragraph applies to the following courts—

(a)

a court in the United Kingdom, and

(b)

a Standing Civilian Court established under the M4Armed Forces Act 1976.

(3)

If a person is temporarily discharged under section 28 of the M5Prison Act 1952, or temporarily released under rules under section 47(5) of that Act, for the purposes of sub-paragraph (1) above he shall be treated as detained.

(4)

Sub-paragraph (1) above does not apply where the person is detained under regulations made under paragraph 8 of Schedule 4 below.

(5)

Sub-paragraph (1) above does not apply where the person is detained under section 76 of the M6Magistrates’ Courts Act 1980, or section 9 of the M7Criminal Justice Act 1982, for default in payment of a fine.

(6)

In sub-paragraph (1) above “order” includes a sentence, direction, warrant or other means of giving effect to the decision of the court concerned.

(7)

The Secretary of State may by order provide that a person is an exempt individual on a particular day if—

(a)

at any time on the day he is imprisoned, detained or in custody under the M8Army Act 1955, the M9Air Force Act 1955 or the Naval Discipline Act M101957, and

(b)

such conditions as may be prescribed are fulfilled.

Annotations

Marginal citations

M1: 1971 c. 77.
M2: 1983 c. 20.
M3: 1984 c. 47.
M4: 1976 c. 52.
M5: 1952 c. 52.
M6: 1980 c. 43.
M7: 1982 c. 48.
M8: 1955 c. 18.
M9: 1955 c. 19.
M10: 1957 c. 53.

Notes on Schedule 1

Textual amendments

F1: Sch. 1 repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)-(4)); Sch. 1 further amended: (6.3.1992) by 1992 c. 14, s. 101(1) (with s. 118(1)(2)(4)); (1.4.1992) by S.I. 1992/494, art. 2(a)(b); (1.7.1992) by 1992 c. 6, s. 4, Sch. 2 para. 98.