Legislation – Immigration Act 2016
Changes to legislation:
Immigration Act 2016, Section 59 is up to date with all changes known to be in force on or before 01 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 59:
- s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
- Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
- Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
- Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
- specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
- Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
- Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
- Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
PART 3Enforcement
Detention and bail
59Guidance on detention of vulnerable persons
(1)
The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining—
(a)
whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and
(b)
if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.
(2)
In subsection (1)
“detained” means detained under—
(a)
the Immigration Act 1971,
(b)
section 62 of the Nationality, Immigration and Asylum Act 2002, or
(c)
section 36 of the UK Borders Act 2007,
and “detention” is to be construed accordingly.
(3)
A person to whom guidance under this section is addressed must take the guidance into account.
(4)
Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.
(5)
Guidance under this section comes into force in accordance with regulations made by the Secretary of State.
(6)
The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.
(7)
References in this section to guidance under this section include revised guidance.