Commentary on Sections Schedule 1: Enforcement Powers Section 6: Pre-departure accommodation for families
57.Subsections (1), (2) and (3) amend Part 8 of the 1999 Act to define “detained children” as detained persons under the age of 18 and “pre-departure accommodation” as a place used solely for the detention of detained children and their families for a period of not more than 72 hours, or not more than seven days in cases where the longer period is authorised personally by a Minister of the Crown. They make clear that a short-term holding facility is not pre-departure accommodation.
58.Subsection (4) inserts new section 157A into Part 8 of the 1999 Act. Subsections (1) and (2) of new section 157A apply certain provisions of Part 8 to pre-departure accommodation as they apply to removal centres. Subsection (3) provides for the Secretary of State to extend by regulations any other provision made by or under Part 8 in relation to removal centres and subsection (4) provides for the Secretary of State to make rules for the regulation and management of pre-departure accommodation.