[F190ASecure transportation: duty of Scottish Ministers to prepare and publish standardsS
(1)The Scottish Ministers must prepare and publish standards applicable to any service (a “secure transportation service”) which consists of or includes providing secure transportation—
(a)for persons—
(i)who have not attained the age of 19 years, and
(ii)in relation to whom the taking to or the placing, keeping or detention in secure accommodation is authorised or required under or by virtue of a relevant enactment, and
(b)for the purpose of transporting those persons to or from secure accommodation.
(2)The standards—
(a)must include the minimum standards to be met by a provider of a secure transportation service which may, in particular, relate to—
(i)the manner in which, and the extent to which, the service provider is to have regard to the rights of the persons mentioned in subsection (1)(a) who require to be transported to or from secure accommodation,
(ii)the establishment of measures and procedures to prevent or minimise a risk of a serious incident occurring,
(iii)the establishment of measures and procedures to deal with, and prevent the recurrence of, a serious incident,
(iv)the circumstances in which restraint or control of persons mentioned in subsection (1)(a) who require to be transported to or from secure accommodation may or may not be appropriate,
(v)the provision of training and support to staff to ensure the safe transportation of the persons mentioned in subsection (1)(a) to or from secure accommodation,
(b)may include such further provision in connection with the provision of a secure transportation service as the Scottish Ministers consider appropriate.
(3)The Scottish Ministers may make different provision for different kinds of secure transportation service.
(4)The Scottish Ministers—
(a)must publish the first standards under subsection (1) no later than one year after the day on which section 25 of the Children (Care and Justice) (Scotland) Act 2024 comes into force,
(b)must keep the standards published under subsection (1) under review,
(c)may, under subsection (1), publish revised standards whenever they consider it appropriate to do so, and
(d)must lay a copy of the first published standards, and any published revised standards, before the Scottish Parliament.
(5)Before publishing the standards or any revised standards under subsection (1), the Scottish Minsters must consult such persons as they consider appropriate.
(6)In this section—
“relevant enactment” means the following enactments—
(a)the Children (Scotland) Act 1995,
(b)the Criminal Procedure (Scotland) Act 1995,
(c)the Adoption and Children (Scotland) Act 2007,
(d)the Children’s Hearings (Scotland) Act 2011,
“secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011,
“secure transportation” means transportation which provides such additional security and support measures as are required to prevent or minimise a risk—
(a)to the health, safety or welfare of a person mentioned in subsection (1)(a) who is being transported to or from secure accommodation,
(b)which that person may pose to the safety of any other person,
“serious incident” includes an incident involving a person mentioned in subsection (1)(a)—
(a)absconding or attempting to abscond,
(b)suffering harm (including self-harm) or ill-health (whether physical or mental),
(c)causing harm to another person, or
(d)causing (whether directly or indirectly) damage to property,
whilst being transported to or from secure accommodation.
(7)The Scottish Ministers may by regulations modify the definition of “relevant enactment” in subsection (6) by—
(a)adding an enactment,
(b)removing an enactment for the time being listed in it,
(c)varying a reference to an enactment for the time being listed in it.]
Textual Amendments
F1Pt. 16A inserted (1.9.2025) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 25(2), 38(3); S.S.I. 2025/115, reg. 2(2)(a)