The Children (Secure Accommodation) (No. 2) Regulations 1991

Statutory Instruments

1991 No. 2034

CHILDREN AND YOUNG PERSONS

The Children (Secure Accommodation) (No. 2) Regulations 1991

Made

6th September 1991

Laid before Parliament

12th September 1991

Coming into force

14th October 1991

The Secretary of State for Health, in exercise of the powers conferred by section 25(2)(c) of the Children Act 1989(1) and of all other powers enabling him in that behalf hereby makes the following Regulations:

Citation and Commencement

1.—(1) These Regulations may be cited as the Children (Secure Accommodation) (No. 2) Regulations 1991 and shall come into force on 14th October 1991 immediately after the Children (Secure Accommodation) Regulations 1991(2).

Applications to court – special cases

2.—(1) Applications to a court under section 25 of the Children Act 1989 in respect of a child provided with accommodation by a health authority, a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990(3) or a local education authority shall, unless the child is looked after by a local authority, be made only by the health authority, National Health Service trust or local education authority providing accommodation for the child.

(2) Applications to a court under section 25 of the Children Act 1989 in respect of a child provided with accommodation in a residential care home, nursing home or mental nursing home shall, unless the child is looked after by a local authority, be made only by the person carrying on the home in which accommodation is provided for the child.Signed by authority of the Secretary of State for Health.

Virginia Bottomley

Minister of State,

Department of Health

6th September 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for applications to the court under section 25 of the Children Act 1989 (secure accommodation) in respect of children accommodated by health authorities, National Health Service trusts and local education authorities and children accommodated in residential care homes, nursing homes or mental nursing homes to be made as the case may be only by the health authority, National Health Service trust, local education authority, or person carrying on the residential care home, nursing home or mental nursing home unless the child in question is looked after by a local authority.

(1)

1989 c. 41. Regulation 7 of the Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) modifies section 25(2)(c) of the Children Act 1989 in relation to children referred to in regulation 2 of these Regulations.

(2)

S.I. 1991/1505.

(3)

1990 c. 19.