Regulations, 2015

L.N. 425 of 2015

IMMIGRATION ACT

(CAP. 217)

Board of Visitors for Detained Persons (Amendment)

Regulations, 2015

IN exercise of the powers conferred by article 36 of the

Immigration Act, the Minister for Home Affairs and National

Security has made the following regulations:-

The title of these regulations is the Board of Visitors for Citation.

Detained Persons (Amendment) Regulations, 2015, and these

regulations shall be read and construed as one with the Board of S.L. 217.08.

Visitors for Detained Persons Regulations, hereinafter referred to as

"the principal regulations".

In the title and in regulation 1 of the principal regulations, Amends the title

for the words "Board of Visitors for Detained Persons" there shall be and

of the principal

substituted the words "Monitoring Board for Detained Persons".

regulations.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by the

following

"(1) There shall be a Monitoring Board for

Detained Persons, hereinafter referred to as "the Board",

composed of a Chairman, a minimum of two and a

maximum of four members, including the secretary, which

members shall be appointed every second year, by the

Minister responsible for immigration, hereinafter referred

to as "the Minister."; and

(b) sub-regulation (2) thereof shall be substituted by the

following

"(2) Members of the Board shall be eligible for re-

appointment and shall be nominated from amongst persons

who are preferably experienced in law or human rights or

social science or immigration fields, and may include

members of non-governmental organisations.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a)

sub-regulation (3) thereof shall be substituted by the

following

"(3) The meetings of the Board shall be presided

by the Chairperson or, in his absence, another member

appointed by the Board to preside the meeting.";

(b) sub-regulation (4) thereof shall be substituted by the

following

"(4) The officer responsible for the administration

of places of migration detention, hereinafter referred to as

"the Head", may attend the whole or any part of a meeting

of the Board if so invited by the Board and shall give to the

Board any information it may require for the due exercise

of its functions.";

(c) in sub-regulation (5) thereof, for the words

"confirmed by the Secretary." there shall be substituted the

words "confirmed by the Secretary:", and immediately

thereafter there shall be added the following new proviso

"Provided that it shall be the responsibility of the

Board to retain all relevant information, including minutes

of meetings and of interviews with detainees, reports of

visits and inspections and any other document in order that

they are made available to the Committees established by

the Optional Protocol to the Convention against Torture.";

and

(d) in sub-regulation (6) thereof, for the words "by one

or more of the Board’s members" there shall be substituted the

words "by two or more of the Board’s members".

In sub-regulation (7) of regulation 5 of the principal

regulations, for the words "three members" there shall be substituted

the words "two members".

In sub-regulation (3) of regulation 9 of the principal

regulations, for the words "four consecutive meetings" there shall be

substituted the words "three consecutive meetings".

€0.18