- Accommodation provisions
means—
- adjudicator
(except in Part VI) means an adjudicator appointed under section 57;
- aircraft
includes hovercraft;
- Alcohol
means any spirituous or fermented liquor.
- Amended provision
means any provision amended by—
- Assistance
means the provision of accommodation or of any essential living needs.
- Asylum claimant
means a person who intends to make a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention or the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom. 1E “Refugee Convention” and “Human Rights Convention” have the meaning given in the Immigration and Asylum Act 1999.”
- asylum-seeker
means a person who is not under 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined;
- Authorisation
means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular removal centre.
- Authorised person
means—
- Biometric information
has the meaning given by section 15 of the UK Borders Act 2007.
- captain
means the master of a ship or commander of an aircraft;
- certificate of authorisation
means a certificate issued by the Secretary of State under section 154;
- certified prisoner custody officer
means a prisoner custody officer certified under section 89 of the Criminal Justice Act 1991, or section 114 of the Criminal Justice and Public Order Act 1994, to perform custodial duties;
- Chief Adjudicator
means the person appointed as Chief Adjudicator under section 57(2);
- child
means a person who is under the age of 18.
- claim for asylum
means a claim that it would be contrary to the United Kingdom’s obligations under— (a) the Refugee Convention, or (b) Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom;
- Code
means—
- concealed
includes being concealed in any freight, stores or other thing carried in or on the vehicle, ship, aircraft or rail freight wagon concerned;
- Connected expenses
means expenses reasonably incurred by the Secretary of State in connection with the detention.
- container
means any container or other thing which is designed or adapted to be carried by a goods vehicle.
- contract monitor
means a person appointed by the Secretary of State under section 149(4);
- Contracted out functions
means functions which, as the result of a contract entered into under section 150, fall to be performed by detainee custody officers or certified prisoner custody officers.
- contracted out removal centre
means a removal centre in relation to which a removal centre contract is in force;
- Control port
means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act.
- country
includes any territory;
- Court
means a county court in Northern Ireland or the county court in England and Wales or, in Scotland, the sheriff.
- custodial functions
means custodial functions at a removal centre;
- Customs purposes
means any of the Commissioners’ functions in relation to—
- designated judge
has the same meaning as in section 119(1) of the Courts and Legal Services Act 1990;
- designated professional body
has the meaning given by section 86;
- designated qualifying regulator
has the meaning given by section 86A;
- detached trailer
means a trailer, semi-trailer, caravan or any other thing which is designed or adapted for towing by a vehicle but which has been detached for transport— (a) in or on the vehicle concerned;
- detained children
means detained persons who are under the age of 18;
- detained persons
means persons detained or required to be detained under the 1971 Act or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);
- detainee custody officer
means a person in respect of whom a certificate of authorisation is in force;
- determined
means determined in accordance with regulations made by virtue of subsection (11)(a) of section 101, and • “directed body” means a body to which a direction under subsection (3) of section 101 is given.
- directed body
means a body to which a direction under subsection (3) of section 101 is given.
- directly managed removal centre
means a removal centre which is not a contracted out removal centre;
- Director
means—
- Disciplinary body
means any body—
- Drug
means a drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971.
- eligible person
means a person who appears to the Secretary of State to be a person for whom support may be provided under section 95.
- Eligible persons
means— who appear to be destitute or to be likely to become destitute within such period as may be prescribed.
- escort arrangements
means arrangements made by the Secretary of State under section 156;
- escort functions
means functions under escort arrangements;
- escort monitor
means a person appointed under paragraph 1 of Schedule 13;
- Excluded person
means a person— a named by or under, or b of a description specified in, a designated instrument. 5 The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it— a requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed);
- Existing adjudicator
means a person who is an adjudicator immediately before the appropriate date.
- Existing member
means a person who is a member of the Tribunal immediately before the appropriate date.
- Facilities
means accommodation, facilities, equipment and services of a class or description specified in an order made by the Secretary of State.
- Financial year
has the same meaning as in paragraph 20.
- freight shuttle wagon
means a wagon which— (a) forms part of a shuttle-train, and (b) is designed to carry commercial goods vehicles;
- freight train
means any train other than— (a) a train engaged on a service for the carriage of passengers, or (b) a shuttle-train;
- goods vehicle
means— (a) a mechanically propelled vehicle which— (a) is designed or adapted solely or principally to be used for the carriage or haulage of goods, and (b) at the time in question, is being used for a commercial purpose, or (b) any trailer, semi-trailer or other thing which— (a) is designed or adapted to be towed by a vehicle within paragraph (a)(i), and (b) at the time in question, is being used for a commercial purpose;
- housing accommodation
includes flats, lodging houses and hostels;
- Housing authority
means—
- Identification data
means—
- Immigration Acts
has the same meaning as in the Immigration and Asylum Act 1999.”
- immigration advice
means advice which— (a) relates to a particular individual;
- Immigration control
means United Kingdom immigration control and includes any United Kingdom immigration control operated in a prescribed control zone outside the United Kingdom.
- immigration document
means—
- immigration employment document
means—
- Immigration purposes
means any of the following—
- immigration services
means the making of representations on behalf of a particular individual— (a) in civil proceedings before a court, tribunal or adjudicator in the United Kingdom, or (b) in correspondence with a Minister of the Crown or government department, in connection with one or more relevant matters;
- Interim period
means the period beginning with the passing of this Act and ending on the coming into force of the repeal of section 186 of the Act of 1996 (asylum-seekers and their dependants) by this Act (as to which see section 117(5)).
- Intimate search
has the same meaning as in section 28H(11).”
- Islands deportation order
means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return. 7 Subsections (10) and (12) to (14) of section 80 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section.”
- Lease or tenancy
includes an underlease, sublease or sub-tenancy.
- local authority
means— (a) in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
- Local housing authority
has the same meaning as in the Act of 1996.
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975;
- nationality document
means a document which might—
- Northern Ireland authority
has the meaning given by section 110(9). • “supported person” means— (a) an asylum-seeker, or (b) a dependant of an asylum-seeker, who has applied for support and for whom support is provided under section 95.
- Overstayer
means a person who, having only limited leave to enter or remain in the United Kingdom, remains beyond the time limited by the leave.
- owner
includes— (a) in relation to a ship or aircraft, the agent or operator of the ship or aircraft;...
- Partner
includes a person purporting to act as a partner.
- Passenger information
means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified. 10 “Specified” means specified in an order made by statutory instrument by the Secretary of State. 11 Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
- penalty notice
means a notice under this section;
- Person subject to immigration control
has the same meaning as in section 118.
- Police purposes
means any of the following—
- Postal packet
has the same meaning as in the Postal Services Act 2000.
- pre-departure accommodation
means a place used solely for the detention of detained children and their families for a period of— (a) not more than 72 hours, or (b) not more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);
- premises
includes premises used wholly or partly as a dwelling.
- prescribed
means prescribed by regulations made by the Secretary of State;
- Prison rules
means—
- Private landlord
means a landlord who is not within section 80(1) of the Housing Act 1985.”
- professional sanction
means an order, direction or decision which is imposed, given or made by, or other action which is taken by— (a) a designated professional body, (b) a designated qualifying regulator, (c) a relevant disciplinary body, (d) an Inn of Court, or (e) a judge, court or tribunal in the exercise of a function in relation to the provision of legal services;
- qualified person
means a person who is qualified for the purposes of section 84;
- qualifying regulator
means a body which is a qualifying regulator for the purposes of this Part of this Act by virtue of Part 1 of Schedule 18 to the Legal Services Act 2007 (approved regulators approved by the Legal Services Board in relation to immigration matters);
- rail freight wagon
means— (a) any rolling stock, other than a locomotive, which forms part of a freight train, or (b) a freight shuttle wagon, and for the purpose of this definition, “rolling stock” and “locomotive” have the meanings given by section 83 of the Railways Act 1993 (c.43);
- Redirection information
means information relating to arrangements made with any person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.
- Refugee
has the same meaning as it has for the purposes of the Refugee Convention.
- Registered housing association
has the same meaning—
- registered person
means a person who is registered with the Commissioner under section 85;
- Registered social landlord
has the same meaning as in Part I of the Housing Act 1996.
- registration
means registration with the Commissioner under section 85.
- regulatory arrangements
has the same meaning as in the Legal Services Act 2007 (see section 21 of that Act).
- relevant application
means—
- Relevant authority
means—
- Relevant decision
means a decision—
- relevant disciplinary body
means a body established wholly or partly for the purpose of exercising disciplinary functions in relation to— (a) members of a designated professional body, or (b) persons regulated by a designated qualifying regulator;
- Relevant documents
means any documents which might— a establish the arrested person’s identity, nationality or citizenship;
- Relevant enactment
means— a this Act;
- Relevant evidence
means evidence, other than items subject to legal privilege, that relates to the offence in question. 8 “Senior officer” means an immigration officer not below the rank of chief immigration officer.”
- relevant matters
means any of the following— (a) a claim for asylum;
- relevant national
means— (a) a British citizen, (aa) an Irish citizen, or (ab) a person who is not an Irish citizen and who— (a) has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, or (b) is an applicant for the purposes of regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;
- Relevant offence
means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25. 5 In relation to England and Wales, expressions which are given a meaning by the Police and Criminal Evidence Act 1984 have the same meaning when used in this section. 6 In relation to Northern Ireland, expressions which are given a meaning by the Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section. 7 In the application of subsection (1) to Scotland— a read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace;
- Relevant person
means a person who is or has been—
- relevant profession
means a profession which is regulated by a designated professional body or a designated qualifying regulator.
- removal centre
means a place which is used solely for the detention of detained persons but which is not a short-term holding facility, pre-departure accommodation, a prison or part of a prison;
- removal centre contract
means a contract entered into by the Secretary of State under section 149;
- removal centre rules
means rules made by the Secretary of State under section 153;
- Removed
means removed as a result of directions given under section 10 or under Schedule 2 or 3 to the 1971 Act.
- Restraining order
has the meaning given by section 91.
- Section 185(2) person
means a person who—
- Seized material
means anything which has been seized and retained under this Schedule.”
- senior officer
means an immigration officer not below the rank of chief immigration officer;
- ship
includes every description of vessel used in navigation;
- short-term holding facility
has the same meaning as in Part 8,
- short-term holding facility contract
means a contract entered into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and
- shuttle-train
has the meaning given by section 1(9) of the Channel Tunnel Act 1987 (c. 53);
- small aircraft
means an aircraft which has an operating weight of less than 5,700 kilogrammes;
- small ship
means a ship which has a gross tonnage of less than 500 tonnes;
- Specified
means specified by an order made by the Secretary of State.
- Specified date
means—
- supported person
means— (a) an asylum-seeker, or (b) a dependant of an asylum-seeker, who has applied for support and for whom support is provided under section 95.
- The 15 day period
means the period of 15 days mentioned in subsections (1) and (2). 5C If the Registrar General reduces the 15 day period in a particular case, the reference to 15 days in section 75(3)(a) is to be treated, in relation to that case, as a reference to the reduced period. 5D The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A). 5E The regulations— a may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations;
- the 1971 Act
means the Immigration Act 1971;
- The appropriate date
means—
- The child welfare provisions
means—
- the Commission
means the Special Immigration Appeals Commission;
- the Commissioner
means the Immigration Services Commissioner;
- the complaints scheme
means the scheme established under paragraph 5(1) of Schedule 5;
- the Department
means the Department of Health and Social Services for Northern Ireland;
- the Executive
means the Northern Ireland Housing Executive;
- The homelessness provisions
means—
- the Human Rights Convention
means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;
- The interim period
means the period—
- the Refugee Convention
means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
- The registrar
means—
- the relevant period
means the period of 12 months beginning with the time specified in the notice under section 87(3AB) as the time at which the decision to cancel P’s registration had effect.
- The UK GDPR
has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).
- the waiting period
has the same meaning as in section 31(4A).”
- train
means a train which— (a) is engaged on an international service as defined by section 13(6) of the Channel Tunnel Act 1987;
- Transfer direction
means
- Transit passengers
means persons of any description specified in the order who on arrival in the United Kingdom pass through to another country without entering the United Kingdom;
- transit visa
means a visa for that purpose.
- transporter
means a vehicle (including a goods vehicle), ship, aircraft or rail freight wagon together with— (a) its equipment;
- Unlawful discrimination
means— a discrimination in contravention of section 4(1) of the Race Relations Act 1976 (“the 1976 Act”);
- vehicle
includes a trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle.
- voluntary organisations
means bodies (other than public or local authorities) whose activities are not carried on for profit.
- Warrant
means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.”
- working day
means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the person is when they are given the notice.