Commentary on provisions of the Act Section 4: Unaccompanied children etc
The duty on the Secretary of State to make arrangements for removal applies to all persons, regardless of age, who meet the four conditions in section 2. However, subsections (1) to (2) of section 4 provide that the Secretary of State is not required to make arrangements to remove an unaccompanied child from the UK until they turn 18 years old, but there is a power to do so. Sections 16 to 21 make further provision in respect of the accommodation and other support for unaccompanied children who meet the four conditions set out in section 2 of the Act.
	The power in subsection (2) may only be exercised for unaccompanied children whilst under 18 in limited circumstances ahead of them reaching adulthood. This includes for the purpose of reunion with a parent, where removal is to a safe country of origin (as listed in section 80AA(1) of the Nationality, Immigration and Asylum Act 2002), where the person has not made a protection claim or human rights claim, or in other circumstances specified in regulations made by the Secretary of State.
	Subsection (4) provides that regulations made under subsection (3)(d) may confer a discretion on the Secretary of State, that is in specifying other circumstances where a child may be removed, the regulations may provide for the Secretary of State to determine whether to remove children who meet the criteria on a case-by-case basis.
	Subsections (5) and (6) set out the definition of an unaccompanied child for the purpose of this Act except for section 16 and 17 (accommodation and transfer powers) which have a specific definition in section 16 (5).
	Subsections (7) to (9) enable the Secretary of State by regulations to specify categories of persons to whom the duty to remove is not to apply, whether on a temporary or permanent basis. Such categories may include, for example, persons subject to extradition proceedings or persons being prosecuted in the UK for a criminal offence.
	Regulations made under subsection (3)(d) are subject to the draft affirmative procedure, whereas regulations made under subsection (7) are (by virtue of subsections (11) to (14)) subject to the made affirmative procedure.
	Subsection (15) applies, for the purposes of the Act as a whole, the definitions of a "human rights claim" and a "protection claim" in sections 113(1) and 82(2) of the 2002 Act respectively; those definitions are as follows:
	"human rights claim" means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require them to leave the United Kingdom or to refuse them entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention);
"protection claim" is a claim made by a person that their removal from the United Kingdom would breach the UK's obligations under the Refugee Convention, or would breach the UK's obligations in relation to persons eligible for a grant of humanitarian protection.