Children (Care and Justice) (Scotland) Act 2024 (asp 5)

Part 4 Residential and secure care

26 Meaning of “secure accommodation”

(1) The 2011 Act is amended as follows.

(2) In section 202 (interpretation), in subsection (1)—

(a) in the definition of “secure accommodation”—

(i) in the opening words, “accommodation provided for the purpose of restricting the liberty of children which” is repealed,

(ii) for paragraph (a) substitute—

“(a) in relation to Scotland, accommodation provided for the purpose of depriving children of their liberty which is provided—

(i) in a residential establishment,

(ii) by a secure accommodation service,”,

(iii) in paragraph (b), for “in England,” substitute “in relation to England, accommodation provided for the purpose of restricting the liberty of children which”,

(iv) in paragraph (c), for “in Wales,” substitute “in relation to Wales, accommodation provided for the purpose of restricting the liberty of children which”,

(b) after the definition of “secure accommodation authorisation” insert—

• ““secure accommodation service” means a service—

  (a)

  which is approved by the Scottish Ministers—

  (i)

  under paragraph 6(c) of schedule 12 of the Public Services Reform (Scotland) Act 2010, and

  (ii)

  in accordance with regulations made under section 78A of that Act, and

  (b)

  in respect of which a person is registered under Part 5 of that Act,”.