Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 14 – Implementation of Orders

Secure accommodation

Section 152 – Secure accommodation: placement in other circumstances

220.This section enables the Scottish Ministers to make provision in regulations specifying circumstances in which children may be placed in secure accommodation if a relevant order or warrant is in force in relation to the child and that order does not include a secure accommodation authorisation. A relevant order or warrant is a compulsory supervision order, an interim compulsory supervision order, a medical examination order, or a warrant to secure attendance. Subsection (2) provides that the regulations may in particular include provision about: the procedure to be followed in deciding whether to place a child in secure accommodation; the notification of decisions; the giving of reasons for decisions; the review of decisions; and the review of placements by Children’s Hearings. Such regulations will be subject to the affirmative procedure.