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The Visits to Former Looked After Children in Detention (Wales) Regulations 2011

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Interpretation

2.—(1) In these Regulations—

  • “the 1989 Act” (“Deddf 1989”) means the Children Act 1989;

  • “A” (“A”) means a child who was looked after by a local authority but has ceased to be looked after(1) by it as a result of the circumstances prescribed in regulation 3;

  • “R” (“R”) means the representative of the responsible authority who is appointed to visit A in accordance with the arrangements made by it under section 23ZA of the 1989 Act;

  • “institution” (“sefydliad”) means a young offender institution, a secure training centre or a secure children’s home;

  • “relevant youth offending team case manager” (“rheolwr achos tîm troseddau ieuenctid perthnasol”) means the person within the responsible local authority’s youth offending team(2) who is managing A’s case;

  • “responsible local authority” (“awdurdod lleol cyfrifol”) means the local authority which looked after A immediately prior to A being detained;

  • “secure children’s home” (“cartref diogel i blant”) means a children’s home used for the purpose of restricting liberty, in respect of which a person is registered under Part II of the Care Standards Act 2000(3); and

  • “working day” (“diwrnod gwaith”) means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971(4).

(2) These Regulations do not apply to a child who is a relevant child for the purposes of section 23A of the 1989 Act(5).

(1)

For the meaning of a child who is “looked after” see section 22(1) of the 1989 Act, as amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c. 22), section 2 of the Children (Leaving Care) Act 2000 (c. 35) and by section 116(2) of the Adoption and Children Act 2002 (c. 38). “Local authority” is defined by section 105(1) of the 1989 Act as, in relation to Wales, “the council of a county or county borough”.

(2)

Under section 39(1) of the Crime and Disorder Act 1998 (c. 37) a local authority has a duty to establish one or more youth offending teams for its area.

(5)

Section 23A(2) provides that a “relevant child” is a child who: (a) is not being looked after by any local authority; (b) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2 to the 1989 Act; and (c) is aged 16 or 17. Section 23B of the 1989 Act sets out additional functions of the responsible authority in respect of relevant children.

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