The Children (Secure Accommodation) (Wales) Regulations 2015

Children to whom section 119 has effect subject to modifications

16.—(1) Subject to regulation 7 and paragraphs (2) and (3) of this regulation section 119 of the Act applies, in addition to children looked after by local authorities (including English local authorities)—

(a) to children, other than those looked after by a local authority (including an English local authority), who are accommodated by—

(i) Local Health Boards;

(ii) National Health Service Trusts (“NHS Trusts”);

(iii) local authorities in the exercise of education functions;

(b) to children, other than those looked after by a local authority, who are accommodated in care homes or independent hospitals.

(2) In relation to children specified in paragraph (1)(a), section 119 has effect subject to the following modifications—

(a) in subsection (1) replace the phrase “who is being looked after by a local authority or a local authority in England” with “who is being provided with accommodation by a Local Health Board, an NHS Trust or a local authority in the exercise of education functions”;

(b) in subsection (2)(c) replace the phrase “by a local authority” with “by a Local Health Board, an NHS Trust or a local authority in the exercise of education functions”.

(3) In relation to the children specified in paragraph (1)(b) , section 119 of the Act has effect subject to the following modifications—

(a) in subsection (1) replace the words “who is being looked after by a local authority or a local authority in England” with the words “who is being provided with accommodation in a care home or an independent hospital”; and

(b) in subsection (2)(c) replace the phrase “by a local authority” with the words “by a person carrying on a care home or an independent hospital”.