562 Act not to apply to [F1certain] persons detained under order of a court.E+W
(1)No power or duty conferred or imposed by or under this Act on—
(a)the Secretary of State,
(b)[F2local authorities], or
(c)parents,
shall be construed as relating to any person who is [F3detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State] [F3subject to a detention order and is detained in accommodation that is not relevant youth accommodation ] , but a [F4local authority] may make arrangements for [F3a person who is detained in pursuance of such an order] [F3such a person] to receive the benefit of educational facilities provided by the authority.
[F5(1A)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 [F7[F8youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008]] or by virtue of anything done under such a requirement.
[F9(3)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).]
Textual Amendments
F1Word in s. 562 heading inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(6), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
F3Words in s. 562(1) substituted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(2)(a), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F5S. 562(1A) inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(3), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F6Words in s. 562(1) substituted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(2)(b), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F7Words in s. 562(2)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 73; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(30) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F8Words in s. 562(2)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 47 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(v)
F9S. 562(3) added (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(5), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
Modifications etc. (not altering text)
C1S. 562 excluded (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 168(5), 173(1)(c)
C2S. 562 excluded (12.11.2009) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 264(4), 269(1)
Marginal Citations