Coronavirus (Scotland) Act 2020

Children in secure accommodation

6 (1) The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013/205) (“the 2013 Regulations”) apply in accordance with the modifications in sub-paragraphs (2) to (4).

(2) Regulation 5(1) (maximum time in secure accommodation) has effect as if for “72” there were substituted “96”.

(3) Regulation 7 (placement in secure accommodation of children subject to compulsory supervision orders which do not include a secure accommodation authorisation) has effect as if—

(a) in paragraph (5), at the beginning there were inserted “Subject to paragraph (6),”,

(b) after paragraph (5) there were inserted—

“(6) Where paragraph (5) applies and the Principal Reporter considers that it would not be reasonably practicable to arrange the children’s hearing within 72 hours, the Principal Reporter will have a further period of 24 hours from the end of the period of 72 hours referred to in paragraph (5) within which to comply with the requirements in paragraph (5).”.

(4) Regulation 8 (placement in secure accommodation of children subject to a relevant order which does not include a secure accommodation authorisation) has effect as if—

(a) in paragraph (6), at the beginning there were inserted “Subject to paragraph (7),”,

(b) after paragraph (6) there were inserted—

“(7) Where sub-paragraph (a), (b), (ba), (e) or (f) of paragraph (6) applies and the Principal Reporter considers that it would not be reasonably practicable to arrange the children’s hearing within 72 hours, the Principal Reporter will have a further period of 24 hours from the end of the period of 72 hours referred to in sub-paragraph (a), (b), (ba), (e) or (f) (as the case may be) within which to comply with the requirements in that sub-paragraph.”.

(5) The modifications in sub-paragraphs (2) to (4) do not apply in relation to a child placed in secure accommodation (within the meaning of regulation 2(1) of the 2013 Regulations) before the day on which this paragraph comes into force.