(1)Section 23 of the M1Children and Young Persons Act 1969 (remands and committals to local authority accommodation) shall be amended by the insertion, in subsection (12), in the definition of “secure accommodation”, after the words “community home”, of the words “, a voluntary home or a registered children’s home”, and, at the end of that subsection, of the words “but, for the purposes of the definition of “secure accommodation”, “local authority accommodation” includes any accommodation falling within section 61(2) of the M2Criminal Justice Act 1991.”.
(2)In the M3Children Act 1989, Schedules 5 and 6 (which provide for the regulation of voluntary homes and registered childrens’ homes respectively) shall be amended as follows, that is to say—
(a)in Schedule 5, in paragraph 7(2) (regulations as to conduct of voluntary homes)—
(i)head (f) (power to prohibit provision of secure accommodation) shall be omitted; and
(ii)after that head, there shall be inserted the following—
“(ff)require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child;”; and
(b)in Schedule 6, in paragraph 10(2) (regulations as to conduct, etc. of registered childrens’ homes)—
(i)head (j) (power to prohibit use of accommodation as secure accommodation) shall be omitted; and
(ii)after that head, there shall be inserted the following—
“(jj)require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child.”.
(3)In section 61 of the Criminal Justice Act 1991 (provision by local authorities of secure accommodation)—
(a)in subsection (2), at the end, there shall be inserted the words “ or by making arrangements with voluntary organisations or persons carrying on a registered childrens’ home for the provision or use by them of such accommodation or by making arrangements with the Secretary of State for the use by them of a home provided by him under section 82(5) of the Children Act 1989 ”; and
(b)in subsection (5), at the end, there shall be inserted the words “ and expressions, other than “local authority”, used in the M4Children Act 1989 have the same meanings as in that Act. ”.
Textual Amendments
F1S. 20 repealed and superseded (1.6.1999) by 1998 c. 37, s. 97(5), 120(2), Sch. 10 (with Sch. 9); S.I. 1999/1279, art. 2(g)(ii)
Prospective
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Textual Amendments
F2S. 21 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 34; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
(1)The Children Act 1989 shall be amended as follows.
(2)In section 53 (provision and management of community homes)—
(a)in subsection (3) (homes which may be community homes)—
(i)in paragraph (a), for the words “managed, equipped and maintained” there shall be substituted the words “ equipped, maintained and (subject to subsection (3A)) managed ”; and
(ii)in paragraph (b)(i), for the words “management, equipment and maintenance” there shall be substituted the words “ equipment, maintenance and (subject to subsection (3B)) management ”; and
(b)after subsection (3) there shall be inserted the following subsections—
“(3A)A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.
(3B)Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.”.
(3)In Part II of Schedule 4 (management of controlled and assisted community homes)—
(a)in paragraph 3(4), after the word “managers” there shall be inserted the words “ , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person. ”; and
(b)in paragraph 3(5), after the word “body” there shall be inserted the words “ ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed ”.