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Children (Scotland) Act 1995

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Children (Scotland) Act 1995, Section 75 is up to date with all changes known to be in force on or before 20 February 2019. 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. Help about Changes to Legislation

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  • Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This amendment not applied to legislation.gov.uk. These Regulations never came into effect, having been revoked before coming into force by S.I. 2010/1906, reg. 2)

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75 Powers of Secretary of State with respect to secure accommodation.S

(1)The Secretary of State may by regulations make provision with respect to the placing in secure accommodation of any child—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)who is not subject to a [F2compulsory supervision order, interim compulsory supervision order, medical examination order or warrant to secure attendance (all within the meaning of the Children's Hearings (Scotland) Act 2011)] but who is being looked after by a local authority in pursuance of such enactments as may be specified in the regulations.

(2)Regulations under subsection (1) above may—

(a)specify the circumstances in which a child may be so placed under the regulations;

(b)make provision to enable a child who has been so placed or any relevant person to require that the child’s case be brought before a children’s hearing within a shorter period than would apply under regulations made under subsection (3) below; and

(c)specify different circumstances for different cases or classes of case.

[F3(2A)In subsection (2), “relevant person” has the meaning given by section 200 of the Children's Hearings (Scotland) Act 2011 and includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act.]

(3)Subject to subsection (4) below and without prejudice to subsection (2)(b) above, the Secretary of State may prescribe—

(a)the maximum period during which a child may be kept under this Act in secure accommodation without the authority of a children’s hearing or of the sheriff;

(b)the period within which a children’s hearing shall be arranged to consider the case of a child placed in secure accommodation by virtue of regulations made under this section (and different periods may be so prescribed in respect of different cases or classes of case).

[F4(4)A child may not be kept in secure accommodation by virtue of regulations made under this section for a period exceeding 66 days from the day when the child was first taken to the secure accommodation.]

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Secretary of State may by regulations make provision for the procedures to be applied in placing children in secure accommodation; and without prejudice to the generality of this subsection, such regulations may—

(a)specify the duties of the Principal Reporter in relation to the placing of children in secure accommodation;

(b)make provision for the referral of cases to a children’s hearing for review; and

(c)make provision for any person with parental responsibilities in relation to the child to be informed of the placing of the child in secure accommodation.

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Amendments (Textual)

F2Words in s. 75(1)(b) substituted (12.6.2013 for specified purposes, 24.6.2013 in so far as not already in force) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(8)(a) (with s. 186); S.S.I. 2013/190, art. 2; S.S.I. 2013/195, arts. 2, 3

F3S. 75(2A) inserted (12.6.2013 for specified purposes, 24.6.2013 in so far as not already in force) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(8)(b) (with s. 186); S.S.I. 2013/190, art. 2; S.S.I. 2013/195, arts. 2, 3

F4S. 75(4) substituted (12.6.2013 for specified purposes, 24.6.2013 in so far as not already in force) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 2(8)(c) (with s. 186); S.S.I. 2013/190, art. 2; S.S.I. 2013/195, arts. 2, 3

Commencement Information

I1S. 75 wholly in force at 1.4.1997; s. 75 not in force at Royal Assent see s. 105(1); s. 75 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 75 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)

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