(1) For the
purposes of this Part, a reference to the "detention" of a person will be
taken to be a reference to—
(a) any
direct or indirect curtailment of the person's ability to leave particular
premises or a particular part of particular premises (whether by physical
means, by force of policy or rules, by the withholding of information (such as
an access code), by an omission or otherwise); or
(b) a
requirement that the person be and remain in particular premises or a
particular part of particular premises (whether on a residential basis or
otherwise); or
(c) the
refusal or limitation of access to means of leaving particular premises or a
particular part of particular premises (being means (such as a wheelchair)
that the person is otherwise lawfully entitled to access and without which it
is not reasonably possible for the person to leave the premises or part of
premises); or
(d) any
other act or omission of a kind declared by the regulations to be included in
the ambit of this paragraph,
but does not include an act or omission of a kind declared by the regulations
not to constitute the detention of a person.
(2) For the purposes
of this section, the fact that a person may leave premises or a part of
particular premises, or access means of leaving premises or a part of
premises, with the permission of a specified person does not, of itself, mean
that the person is not detained.
(3) However, the
detention of a person pursuant to another Act or law will be taken not to
constitute detention for the purposes of this Part.