The Detention Centre (Amendment) Rules 2018

Made: 22nd March 2018

Laid before Parliament: 27th March 2018

Coming into force: 2nd July 2018

The Secretary of State makes the following Rules in exercise of the powers conferred by section 153 of the Immigration and Asylum Act 1999[^f00001].

Citation and commencement

1

These Rules may be cited as the Detention Centre (Amendment) Rules 2018 and come into force on 2nd July 2018.

Amendment to rule 35 of the Detention Centre Rules

2

• (1) Rule 35 of the Detention Centre Rules 2001[^f00002] is amended as follows.

• (2) After paragraph (5), insert—

(6) For the purposes of paragraph (3), “torture” means any act by which a perpetrator intentionally inflicts severe pain or suffering on a victim in a situation in which— (a) the perpetrator has control (whether mental or physical) over the victim, and (b) as a result of that control, the victim is powerless to resist.

Signed

Caroline Nokes — Minister of State — Home Office — 22nd March 2018

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend rule 35 of the Detention Centre Rules 2001. Rule 35 is amended to include a definition of ‘torture’ for the purposes of immigration detention.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1999 c. 33; section 153 was amended by section 66 of the Nationality Immigration and Asylum Act 2002 (c. 41).

[^f00002]: S.I. 2001/238 to which there are amendments not relevant to these Rules.