Paragraph 22 Accommodation on the Order landI1

England and Wales

(1)

A service user must not be accommodated on the Order land unless—

(a)

the service user is a relevant person, and

(b)

the service user—

(i)

does not meet any of the unsuitability criteria, or

(ii)

meets an unsuitability criterion, but the Home Secretary determines that that service user is nevertheless suitable to be accommodated on the Order land.

(2)

This sub-paragraph applies where the Home Secretary concludes that—

(a)

a service user—

(i)

is not a relevant person;

(ii)

meets an unsuitability criterion and is unsuitable to be accommodated on the Order land;

(b)

accommodating a service user on the Order land is inappropriate for another reason.

(3)

Where sub-paragraph (2) applies, a service user in respect of whom the Home Secretary reaches a conclusion under sub-paragraph (2)(a) or (b)—

(a)

must not be accommodated on the Order land for longer than 48 hours after the Home Secretary reaches such a conclusion, except as a means to avoid or mitigate a risk that may otherwise be expected to arise to any person’s welfare;

(b)

must, while the service user remains accommodated on the Order land—

(i)

be accommodated separately from other resident service users;

(ii)

be treated in a way that takes due account of any matter that makes accommodation on the Order land unsuitable for that service user.

(4)

Where the Home Secretary makes a determination of the kind referred to in sub-paragraph (1)(b)(ii), the Home Secretary must keep a written record of that determination.

(5)

The Home Secretary must send the Secretary of State a report—

(a)

no more than seven days before each 10th April and 10th October that falls between 11th April 2024 and 11th April 2027;

(b)

covering the period—

(i)

in the case of the first such report, beginning with 11th April 2024 and ending on a date in October 2024, earlier than 10th October 2024, that is specified in the report;

(ii)

in any other case, since the end of the period covered by the previous such report;

(c)

setting out the average and maximum numbers of resident service users meeting each unsuitability criterion in each month of the period covered by the report.

Annotations

Commencement

I1: Sch. 3 para. 22 in force at 11.4.2024, see art. 1(2)