PART 9Secure children's homes and secure 16 to 19 Academies
I1164Secure 16 to 19 Academies
1
In section 1B of the Academies Act 2010 (16 to 19 Academies), at the end insert—
4
A 16 to 19 Academy may provide secure accommodation for its students, but only if it is approved to do so by the Secretary of State.
5
“Secure accommodation” means accommodation that is provided for the purpose of restricting liberty.
6
The Secretary of State may grant approval under subsection (4) subject to conditions.
7
A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.
2
In section 12 of that Act (charitable and trust corporation status of Academy proprietors etc), at the end insert—
5
The setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose that falls within the description in section 3(1)(b) of the Charities Act 2011 (advancement of education) for the purposes of—
a
this section,
b
the Charities Act 2011, and
c
any other enactment that applies (in whatever way) the definition of “charitable purpose” in section 2 of that Act.
6
But subsection (5) is to be disregarded in determining, in accordance with section 3(1)(m) of the Charities Act 2011, whether a purpose may be regarded as analogous to, or within the spirit of, a purpose falling within paragraph (b) of section 3(1) of that Act.
3
In section 248(1) of the Sentencing Code (meaning of “youth detention accommodation”), after paragraph (b) insert—
ba
a secure 16 to 19 Academy,
4
In the Children’s Homes (England) Regulations 2015 (S.I. 2015/541)—
a
in regulation 2 (interpretation), in paragraph (1), in the definition of “secure children’s home”—
i
after “means” insert
—
- a
ii
at the end insert
; or
- a
a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);
b
in regulation 3 (excepted establishments)—
i
in paragraph (1)(b), for “as” substitute “other than a secure 16 to 19 Academy, as those terms are”
;
ii
omit paragraph (1A).