Paragraph 1

England, Wales and Scotland

(1)

A person shall be disregarded for the purposes of discount on a particular day if on the day—

(a)

he is detained in a prison, a hospital or any other place by virtue of an order F1or award 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 Part II or section 46, 47, 48 or 136 of the M2Mental Health Act 1983; or

(d)

he is detained under F2Parts 5, 6 and 7 or sections 136 or 297 of the Mental Health (Care and Treatment)(Scotland) Act 2003 or sections 52D or 52M or the Criminal Procedure (Scotland) Act 1995;

F3(2)

This sub-paragraph applies to—

(a)

an order of a court in the United Kingdom;

(b)

an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006.

(3)

If a person—

(a)

is temporarily discharged under section 28 of the M3Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; F4...

F5(aa)

is temporarily released under rules under section 300 of the Armed Forces Act 2006; or

(b)

is temporarily discharged under section 27 of the M4Prisons (Scotland) Act 1989, or temporarily released under rules under section 39(6) 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—

(a)

is detained under regulations made under paragraph 8 of Schedule 4 to this Act;

(b)

is detained under section 76 of the M5Magistrates’ Courts Act 1980, or F6section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, for default in payment of a fine; or

(c)

is detained only under section 407 of the M6Criminal Procedure (Scotland) Act 1975.

(5)

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

(6)

The Secretary of State may by order provide that a person shall be disregarded for the purposes of discount on a particular day if—

(a)

on the day he is F7in service custody; and

(b)

such conditions as may be prescribed by the order are fulfilled.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 1(1)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 123(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2: Words in Sch. 1 para. 1(1)(d) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Sch. 1 para. 22(2)(a)
F3: Sch. 1 para. 1(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 123(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F4: Word in Sch. 1 para. 1(3)(a) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 123(2)(c), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F5: Sch. 1 para. 1(3)(aa) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 123(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F6: Words in Sch. 1 para. 1(4)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 152
F7: Words in Sch. 1 para. 1(6)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 123(2)(d); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal citations

M1: 1971 c. 77.
M2: 1983 c. 20.
M3: 1952 c. 52.
M4: 1989 c. 45.
M5: 1980 c. 43.
M6: 1975 c. 21.

Notes on Schedule 1

Textual amendments

F1: Word in Sch. 1 heading inserted (1.4.2026) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 18(11)(a), 23(7); W.S.I. 2026/14, art. 2