# Local Government Finance Act 1992, Paragraph 1

Extent: E+W+S

(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 or award to which sub-paragraph (2) below applies;
(b) he is detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (deportation);
(c) he is detained under Part II or section 46, 47, 48 or 136 of the Mental Health Act 1983; or
(d) he is detained under Parts 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;
(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 Prison Act 1952, or temporarily released under rules under section 47(5) of that Act; ...
(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 Prisons (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 Magistrates’ Courts Act 1980, or section 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 Criminal 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 in service custody; and
(b) such conditions as may be prescribed by the order are fulfilled.

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Source: https://www.legislation.gov.uk/ukpga/1992/14/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/local-government-finance-act-1992/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.