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Borders, Citizenship and Immigration Act 2009

Section 25: Short-term holding facilities

111.Section 25 amends the definition of a “short-term holding facility” in section 147 the 1999 Act.

112.The amended definition retains the existing definition of a “short-term holding facility” but adds a second limb to the definition which will mean that a short-term holding facility may be used to detain not only detained persons (as also defined in section 147 of the 1999 Act) for periods of not more than seven days but also other persons for other periods.

113.These modifications will mean that a short-term holding facility does not cease to be a short-term holding facility when it is used to detain a person who is not an immigration detainee. Thus the related provisions in 1999 Act (on contracting out, the activities of detainee custody officers etc.) will continue to apply in relation to a short-term holding facility.

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