Part X Miscellaneous and general

Chapter V Persons not covered by Act

C1C2562 Act not to apply to F9certain persons detained under order of a court.

1

No power or duty conferred or imposed by or under this Act on—

a

the Secretary of State,

b

F4local authorities, or

c

parents,

shall be construed as relating to any person who is F5detained in pursuance of an order made by a court or of an order of recall made by the Secretary of StateF5subject to a detention order and is detained in accommodation that is not relevant youth accommodation , but a F3local authority may make arrangements for F5a person who is detained in pursuance of such an orderF5such a person to receive the benefit of educational facilities provided by the authority.

F71A

For the purposes of this Act—

a

a person is subject to a detention order if detained in pursuance of—

i

an order made by a court, or

ii

an order of recall made by the Secretary of State, and

b

relevant youth accommodation is accommodation which—

i

is youth detention accommodation (within the meaning given by section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000), and

ii

is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.

2

A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of F6subsection (1)F6this section as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—

a

by virtue of an order made by a court under the M1Children and Young Persons Act 1933 or by virtue of anything done under such an order; or

b

by virtue of a requirement of a F1F2youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 or by virtue of anything done under such a requirement.

F83

A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 (use of accommodation for restricting liberty).