Residential Care Order (Secure Accommodation) (Scotland) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/294 |
| Year | 1988 |
1988 No. 294 (S.28)
CHILDREN AND YOUNG PERSONSRESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND
The Residential Care Order (Secure Accommodation) (Scotland) Regulations 1988
Made 5th February 1988
Laid before Parliament 1st March 1988
Coming into force 1st April 1988
The Secretary of State, in exercise of the powers conferred on him by section 413(5) of the Criminal Procedure (Scotland) Act 19751and 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) Regulations 1988 and shall come into force on 1st April 1988.
Interpretation
2.—(1) In these Regulations—
“the 1975 Act” means the Criminal Procedure (Scotland) Act 1975;
“appropriate local authority” has the meaning assigned to it by section 413(3) of the 1975 Act;
“child” has the meaning assigned to it by section 462 of the 1975 Act;
“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 having delegated powers under section 2 of the Social Work (Scotland) Act 1968 as read with section 56 of the Local Government (Scotland) Act 19732for the management of the residential establishment providing secure accommodation;
“residential establishment” has the meaning assigned to it by section 94(1) of the Social Work (Scotland) Act 19683;
“secure accommodation” means accommodation provided in a residential establishment for the purpose of restricting the liberty of children.
(2) In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Application
3. These Regulations apply where a child is detained in the care of the appropriate local authority in accordance with an order under section 413(1) of the 1975 Act.
Detention in secure accommodation
4.—(1) A child to whom these Regulations apply shall be liable to be detained in secure accommodation only where the Director of Social Work of the appropriate local authority and the person in charge of the residential establishment providing that secure accommodation are satisfied that—
(a)
(a) he has a history of absconding, and—
(i) is likely to abscond unless he is kept in secure accommodation; and
(ii) if he absconds, it is likely that his physical, mental or moral welfare will be at risk; or
(b)
(b) he is likely to injure himself or other persons unless he is kept in secure accommodation; and in either case it is in the child’s best interests that he be kept in secure accommodation.
(2) Where paragraph (1) applies, the child shall be placed in secure accommodation only at such times as the person in charge of the residential establishment providing the secure accommodation with the agreement of the Director of...
To continue reading
Request your trial