The Secure Accommodation (Scotland) Regulations 2013

Interpretation

2.—(1) In these Regulations—

“the 1996 Regulations” means the Secure Accommodation (Scotland) Regulations 1996(1);

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010;

“the 2011 Act” means the Children’s Hearings (Scotland) Act 2011;

“Criminal Procedure Act” means the Criminal Procedure (Scotland) Act 1995;

“day” includes a part of a day;

“head of unit” means the person in charge of the residential establishment containing the secure accommodation who is responsible to the managers of that establishment;

“managers” means—

(a)

in the case of a local authority, those officers having delegated powers under section 56 of the Local Government (Scotland) Act 1973(2) for the management of the residential establishment providing secure accommodation;

(b)

in any other case those who are responsible for management of the residential establishment providing secure accommodation;

“permanence order” means an order made under section 80(1) of the Adoption and Children (Scotland) Act 2007(3);

“relevant date” means the day on which these regulations come into force;

“relevant person” means—

(a)

a relevant person within the meaning of section 200 of the 2011 Act; and

(b)

a person who is to be treated as the child’s relevant person by virtue of a decision under section 81(3), 160(4)(b) or 164(6) of the 2011 Act;

“residential establishment” has the meaning given by paragraph (a) of that definition in section 202(1) of the 2011 Act;

“secure accommodation” means accommodation provided for the purpose of restricting the liberty of children in a residential establishment;

“secure accommodation service” has the meaning given by paragraph 6 of Schedule 12 to the 2010 Act.

(2) Any requirement in these regulations which must be done in writing will be satisfied if made in electronic form which is—

(a) sent by electronic means; and

(b) capable of being reproduced in legible form.

(1)

S.I. 1996/3255.

(2)

1973 c.65. Section 56 was amended by the Local Government and Planning (Scotland) Act 1982 (c.43), section 32; the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47), section 28; the Local Government Finance Act 1992 (c.14), Schedule 13, paragraph 35; the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 92; the Children (Scotland) Act 1995, Schedule 4, paragraph 22; the Fire (Scotland) Act 2005 asp 5, Schedule 4, paragraph 1; the Planning etc. (Scotland) Act 2006 asp 17, section 14(2); and S.S.I. 2010/122, regulation 5.

(3)

2007 asp 4.