Apprenticeships, Skills, Children and Learning Act 2009

49 Persons detained in youth accommodation: application of provisions

(1) Section 562 of the Education Act 1996 (c. 56) (Act not to apply to persons detained under order of a court) is amended as follows.

(2) In subsection (1)—

(a) for “detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State” substitute “subject to a detention order and is detained in accommodation that is not relevant youth accommodation”, and

(b) for “a person who is detained in pursuance of such an order” substitute “such a person”.

(3) After that subsection insert—

“(1A) For the purposes of this Act—

(a) a person is subject to a detention order if detained in pursuance of—

(i) an order made by a court, or

(ii) an order of recall made by the Secretary of State, and

(b) relevant youth accommodation is accommodation which—

(i) is youth detention accommodation (within the meaning given by section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000), and

(ii) is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.”

(4) In subsection (2), for “subsection (1)” substitute “this section”.

(5) After that subsection add—

“(3) A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 (use of accommodation for restricting liberty).”

(6) In the title, after “apply to” insert “certain”.