SCHEDULES

SCHEDULE 1Placing children in secure accommodation elsewhere in Great Britain

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

4

The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are amended as follows.

5

In regulation 1—

a

in the heading, for “and commencement” substitute “ , commencement and extent ”;

b

the existing text becomes paragraph (1);

c

after that paragraph insert—

2

This Regulation and Regulations 10 to 13 extend to England and Wales and Scotland.

3

Except as provided by paragraph (2), these Regulations extend to England and Wales.

6

In regulation 2(1) (interpretation), in the definition of “children's home”, for the words from “means” to the end, substitute “means—

a

a private children's home, a community home or a voluntary home in England, or

b

an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968”.

7

For regulation 3 substitute—

Approval by Secretary of State of secure accommodation in a children's home3

1

Accommodation in a children's home shall not be used as secure accommodation unless —

a

in the case of accommodation in England, it has been approved by the Secretary of State for that use;

b

in the case of accommodation in Scotland, it is provided by a service which has been approved by the Scottish Ministers under paragraph 6(b) of Schedule 12 to the Public Services Reform (Scotland) Act 2010.

2

Approval by the Secretary of State under paragraph (1) may be given subject to any terms and conditions that the Secretary of State thinks fit.

8

In regulation 17 (records), in the words before paragraph (a), after “children's home” insert “ in England ”.