Criminal Justice and Immigration Act 2008

Children and Young Persons Act 1969 (c. 54) E+W

14 E+W The Children and Young Persons Act 1969 has effect subject to the following amendments.

Commencement Information

I1 Sch. 4 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

15 E+W Omit section 25 (transfers between England or Wales and Northern Ireland).

Commencement Information

I2 Sch. 4 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

16 (1) Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows. E+W

(2) In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

(3) In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

Commencement Information

I3 Sch. 4 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

17 (1) Section 32 (detention of absentees) is amended as follows. E+W

(2) In subsection (1A)—

(a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

(b) for paragraph (b) substitute—

“(b) from local authority accommodation—

(i) in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

(ii) to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or

(iii) to which he has been remanded or committed under section 23(1) of this Act,”.

(3) For subsection (1C) substitute—

“(1C) In this section “the responsible person” means, as the case may be—

(a) the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

(b) the authority specified under paragraph 17(5) of Schedule 1 to that Act;

(c) the authority designated under paragraph 21(10) of Schedule 2 to that Act; or

(d) the authority designated under section 23 of this Act.”

(4) After subsection (1C) insert—

“(1D) If a child or young person—

(a) is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

(b) is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

(1E) A person so arrested shall be conducted to—

(a) the place where he is required to reside, or

(b) such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority's expense.”

(5) In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

(6) In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

(7) In subsection (2B)—

(a) after “subsection (1A)” insert “ or (1D) ”, and

(b) at the end insert “ or the responsible officer, as the case may be. ”

(8) In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

(9) In subsection (4), after “(1A)” insert “ , (1D) ”.

Commencement Information

I4 Sch. 4 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

18 E+W In section 70(1) (interpretation)—

(a) omit the definition of “supervision order”,

(b) after the definition of “local authority accommodation” insert—

““local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;”, and

(c) after the definition of “youth offending team” insert—

““youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);”.

Commencement Information

I5 Sch. 4 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

19 E+W In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.

Commencement Information

I6 Sch. 4 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)