Office of Public Sector Information
Section 102(3).
1 (1) The Secretary of State must—
(a) appoint such number of adjudicators as he considers necessary;
(b) appoint one of the adjudicators to be the Chief Asylum Support Adjudicator; and
(c) appoint one of the adjudicators to be the Deputy Chief Asylum Support Adjudicator (“the Deputy”).
(2) The adjudicators are to exercise their functions under the direction of the Chief Asylum Support Adjudicator.
(3) The Chief Asylum Support Adjudicator is to have such other functions as the Secretary of State may from time to time direct.
(4) During any vacancy in the office of Chief Asylum Support Adjudicator, or at any time when he is unable to discharge his functions, the Deputy may act in his place.
2 (1) Each adjudicator is to hold and vacate office in accordance with the terms of his appointment.
(2) An adjudicator is eligible for re-appointment when his term of office ends.
(3) An adjudicator may resign at any time by notice in writing given to the Secretary of State.
3 (1) The Secretary of State may pay to any adjudicator such remuneration and expenses as he may determine.
(2) The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities to or in respect of any adjudicator as he may determine.
4 If a person ceases to be an adjudicator, otherwise than when his term of office ends, and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may make a payment to him of such amount as the Secretary of State may determine.
5 (1) The Secretary of State may appoint such staff for the adjudicators as he considers appropriate.
(2) The Secretary of State may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of the adjudicators' staff as he considers appropriate.
6 The Secretary of State may pay such other expenses of the adjudicators as he considers appropriate.
7 For the purpose of discharging their functions, adjudicators are to sit at such times and in such places as the Secretary of State may direct.
Section 154(7).
1 A person who, for the purpose of obtaining a certificate of authorisation for himself or for any other person—
(a) makes a statement which he knows to be false in a material particular, or
(b) recklessly makes a statement which is false in a material particular,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
2 (1) A detainee custody officer exercising custodial functions has power—
(a) to search (in accordance with rules made by the Secretary of State) any detained person in relation to whom the officer is exercising custodial functions; and
(b) to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.
(2) The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.
(3) As respects a detained person in relation to whom he is exercising custodial functions, it is the duty of a detainee custody officer—
(a) to prevent that person’s escape from lawful custody;
(b) to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;
(c) to ensure good order and discipline on his part; and
(d) to attend to his wellbeing.
(4) The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.
3 (1) A detainee custody officer may perform functions of a custodial nature at a short-term holding facility (whether or not he is authorised to perform custodial functions at a detention centre).
(2) When doing so, he is to have the same powers and duties in relation to the facility and persons detained there as he would have if the facility were a detention centre.
4 A person who assaults a detainee custody officer who is—
(a) acting in accordance with escort arrangements,
(b) performing custodial functions, or
(c) performing functions of a custodial nature at a short-term holding facility,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
5 A person who resists or wilfully obstructs a detainee custody officer who is—
(a) acting in accordance with escort arrangements,
(b) performing custodial functions, or
(c) performing functions of a custodial nature at a short-term holding facility,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
6 For the purposes of paragraphs 4 and 5, a detainee custody officer is not to be regarded as acting in accordance with escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
7 (1) If it appears to the Secretary of State that a detainee custody officer is not a fit and proper person to perform escort functions or custodial functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.
(2) If it appears to the escort monitor that a detainee custody officer is not a fit and proper person to perform escort functions, he may—
(a) refer the matter to the Secretary of State; or
(b) in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.
(3) If it appears to the contract monitor for the detention centre concerned that a detainee custody officer is not a fit and proper person to perform custodial functions, he may—
(a) refer the matter to the Secretary of State; or
(b) in such circumstances as may be prescribed, suspend the officer’s certificate pending a decision by the Secretary of State as to whether to revoke it.
Immigration and Asylum Act 1999