Criminal Justice (Scotland) Act 2016 (asp 1)

PART 6 MISCELLANEOUS

CHAPTER 3 NOTIFICATION IF PARENT OF UNDER 18 IMPRISONED

108 Definition of certain expressions

In this Chapter—

• “child” means a person who is under 18 years of age,

• “named person functions” has the meaning given by section 32 of the Children and Young People (Scotland) Act 2014,

• “parent” includes any person who—

  (a)

  is a guardian of a child,

  (b)

  is liable to maintain, or has care of, a child, or

  (c)

  has parental responsibilities in relation to a child (as construed by reference to section 1(1) to (3) of the Children (Scotland) Act 1995),

• “penal institution” means—

  (a)

  any prison, other than—

  (i)

  a naval, military or air force prison, or

  (ii)

  any legalised police cells (within the meaning of section 14(1) of the Prisons (Scotland) Act 1989),

  (b)

  any remand centre (within the meaning of section 19(1)(a) of the Prisons (Scotland) Act 1989), or

  (c)

  any young offenders institution (within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 1989),

• “prison rules” means rules made under section 39 of the Prisons (Scotland) Act 1989,

• “secure accommodation” means accommodation provided in a residential establishment, approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010, for the purpose of restricting the liberty of children,

• “service provider” in relation to a child has the meaning given by section 32 of the Children and Young People (Scotland) Act 2014.