Secure Accommodation (Scotland) Amendment Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/841 |
| Year | 1988 |
1988No. 841 (S.85)
CHILDREN AND YOUNG PERSONS
RESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND
The Secure Accommodation (Scotland) Amendment Regulations 1988
Made
4thMay1988
Laid before Parliament
11thMay1988
Coming into force
1stJune1988
The Secretary of State, in exercise of the powers conferred on him by sections 5(2), 58A(4), 58C(1) and (6), 58F and 60(1) of the Social Work (Scotland) Act 1968( a) and of all other powers enabling him in that behalf, and after consulting the Council on Tribunals, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Secure Accommodation (Scotland) Amendment Regulations 1988 and shall come into force on 1st June 1988.
Interpretation
2. In these Regulations, "the principal Regulations" means the Secure Accommodation (Scotland) Regulations 1983( b).
Amendment of regulation 2 of the principal Regulations
3. In regulation 2(1) of the principal Regulations (interpretation), there shall be inserted at the appropriate place in alphabetical order the following entries:-
""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 1968 Act or subject to an arrangement under section 161(3) of, and Schedule 20 to, the Local Government (Scotland) Act 1973( c) for the management of the residential establishment providing secure accommodation;";""person in charge" means the person in charge of a residential establishment providing secure accommodation who is responsible to the managers of that establishment;"; and
(a) 1968 c.49; section 5(2) was substituted by the Children Act 1975 (c.72), Schedule 3, paragraph 49; sections 58A to 58G were inserted by section 8(4), and section 60(1) was amended by section 8(3), of the Health and Social Services and Social Security Adjudications Act 1983 (c.41).
(b) S.I. 1983/1912.
(c) 1973 c.65.
""the 1987 Regulations" means the Social Work (Residential Establishments-Child Care) (Scotland) Regulations 1987 ( a);".
Substitution of new regulation 4 in the principal Regulations
4. For regulation 4 of the principal Regulations there shall be substituted the following:-
"Welfare of children in secure accommodation
4.-(1) Subject to paragraph (2) below, the managers in consultation with the person in charge of a residential establishment providing secure accommodation shall ensure that a child placed and kept in such accommodation receives such provision for his care, development and control as shall be conducive to the child's best interests.
(2) For the purposes of paragraph (1) above the managers and person in charge shall comply with such requirements of Part II of the 1987 Regulations as apply to them and their establishments.".
Amendment of regulation 6 of the principal Regulations
5. At the end of regulation 6(1) of the principal Regulations (children subject to certain supervision requirements-interim detention) the following words shall be added:-
"and the director of social work shall, in addition, satisfy himself, in relation to the placing of the child in the residential establishment providing the secure accommodation, of the matters specified in paragraphs (b) and (c) of regulation 18 of the 1987 Regulations.".
Amendment of regulations 7, 13 and 14 of the principal Regulations
6. In the principal Regulations, in each of regulations 7(1) (children in care under Part II of the 1968 Act-interim detention), regulation 13 (children cared for under the 1975 Act) and regulation 14(1) (secure accommodation as a place of safety under the 1968 Act), for the words "are satisfied with respect to the matters referred to and mentioned at regulation 6(1)(a) and (b) above" there shall be substituted "are each satisfied with respect to the same matters as to which regulation 6(1) above requires him to be satisfied".
New regulation 9A in the principal Regulations
7. After regulation 9 of the principal Regulations there shall be inserted the following new regulation:-
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