Part X Miscellaneous and general

F2Chapter 5APersons detained in youth accommodation

Annotations:
Amendments (Textual)
F2

Pt. 10 Ch. 5A 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. 50, 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(b)

Provisions applying to detained persons

562JInterpretation of Chapter

C1C21

In this Chapter—

  • “the appropriate national authority” means—

    1. a

      in relation to England, the Secretary of State;

    2. b

      in relation to Wales, the Welsh Ministers;

  • “beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—

    1. a

      the beginning of the period of detention in such accommodation, or

    2. b

      where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;

  • “detained person” has the meaning given by section 562A(3);

  • “the home authority”—

    1. a

      in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the local authority who are looking after, or who have most recently been looking after, the person;

    2. b

      in relation to any other child or young person, means the local authority in whose area the person is ordinarily resident;

  • “the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the local authority in whose area the child or young person is detained;

  • “looked after child” means a person who, for the purposes of the Children Act 1989 F1or the Social Services and Well-being (Wales) Act 2014 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;

  • “young person” includes a person aged 18.

2

For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

3

In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

C34

Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.