Education Act 1996 (c. 56)

Part X U.K. Miscellaneous and general

[F1 Chapter 5A U.K. Persons detained in youth accommodation

Textual Amendments

F1 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 U.K.

562J Interpretation of Chapter U.K.

(1) In this Chapter—

• “the appropriate national authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

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

  (a)

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

  (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”—

  (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;

  (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 [F2 or 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.

(4) 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.]

Textual Amendments

F2 Words in s. 562J(1) inserted (1.9.2010 for E., 1.4.2011 for W.) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(3), 158 (see S.I. 2010/303, art. 6, Sch. 5 and S.I. 2011/829, art. 2(b))

Modifications etc. (not altering text)

C1 S. 562J(1) power to apply in part (with modifications) conferred (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 70(7), 139(6); S.I. 2015/375, art. 2(b)

C2 S. 562J(1) power to apply (with modifications) conferred (2.11.2020) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 39(2)(a), 100(3); S.I. 2020/1182, reg. 2(d)

C3 S. 562J(4) power to apply regulations (with modifications) conferred (2.11.2020) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 39(2)(b), 100(3); S.I. 2020/1182, reg. 2(d)