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Article 2 Interpretation

In these Rules—

  • “contracted out short-term holding facility” means a short-term holding facility in respect of which there is a contract entered into by the Secretary of State under regulation 2 of the Immigration (Short-term Holding Facilities) Regulations 2002 M1;

  • “directly managed short-term holding facility” means a short-term holding facility which is not a contracted out short-term holding facility;

  • “health care professional” means a registered medical practitioner or a registered nurse;

  • “holding room” means a short-term holding facility where a detained person may be detained for a period of not more than 24 hours unless a longer period is authorised by the Secretary of State;

  • “legal adviser” means a detained person's counsel, representative or solicitor, and includes a clerk acting on behalf of that solicitor;

  • “manager” means—

    1. (a)

      in relation to a directly managed short-term holding facility, the official of the Secretary of State designated to complete the tasks that fall to a manager under these Rules;

    2. (b)

      in relation to a contracted out short-term holding facility, a member of the contractor's staff—

      1. (i)

        designated to complete the tasks that fall to a manager under these Rules, and

      2. (ii)

        certified as a detainee custody officer.

  • “member of staff” means a person working at a short-term holding facility;

  • “officer” means—

    1. (a)

      an official of the Secretary of State;

    2. (b)

      an employee of the contractor;

    3. (c)

      a detainee custody officer (and includes a detainee custody officer who is authorised to perform escort functions in accordance with section 154 of the Immigration and Asylum Act 1999 M2), or

    4. (d)

      an immigration officer.

  • “port” includes airport;

  • F1“residential holding room” means a short-term holding facility where a detained person may be detained for a period of not more than 96 hours unless a longer period is authorised by the Secretary of State.

Annotations

Textual amendments

F1

Words in rule 2 inserted (5.1.2023) by The Short-term Holding Facility (Amendment) Rules 2022 (S.I. 2022/1345), rules 1(1), 2(2)

Marginal citations

M1

S.I. 2002/2538.

M2

Section 154(5) has been substituted by section 65(1) of the Nationality, Immigration and Asylum Act 2002.