The Residential Care Order (Secure Accommodation) (Scotland) Amendment Regulations 1988

Statutory Instruments

1988 No. 1092 (S.108)

CHILDREN AND YOUNG PERSONS

The Residential Care Order (Secure Accommodation) (Scotland) Amendment Regulations 1988

Made

19th June 1988

Laid before Parliament

30th June 1988

Coming into force

1st August 1988

The Secretary of State, in exercise of the powers conferred on him by section 413(5) of the Criminal Procedure (Scotland) Act 1975((1)) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Residential Care Order (Secure Accommodation) (Scotland) Amendment Regulations 1988 and shall come into force on 1st August 1988.

Interpretation

2.  In these Regulations “the principal Regulations” means the Residential Care Order (Secure Accommodation) (Scotland) Regulations 1988((2)).

Amendment of regulation 2 of the principal Regulations

3.  In regulation 2 of the principal Regulations (interpretation) the definition of “managers” shall be deleted and there shall be substituted the following entry:—

• ““managers” means—

  (a)

  in the case of a voluntary organisation, the management committee to whom powers are delegated within the organisation for management of the residential establishment providing secure accommodation;

  (b)

  in the case of a local authority, those officers exercising powers standing referred to the Social Work Committee under section 2(2) of the Social Work (Scotland) Act 1968((3)), or subject to an arrangement under section 161(3) of, and Schedule 20 to, the Local Government (Scotland) Act 1973((4)), for the management of the residential establishment providing secure accommodation;”.

Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

19th June 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Residential Care Order (Secure Accommodation) (Scotland) Regulations 1988 by deleting the existing definition of “managers” and substituting a new expanded definition.

(1)

1975 c. 21; section 413 was substituted by section 59(1) of the Criminal Justice (Scotland) Act 1987 (c. 41)

(2)

S.I. 1988/294

(3)

1968 c. 49

(4)

1973 c. 65