Secure Accommodation (Scotland) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1912 |
1983 No. 1912 (S. 179)
CHILDREN AND YOUNG PERSONS
RESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND
The Secure Accommodation (Scotland) Regulations 198319thDecember 1983
21stDecember 1983
30thJanuary 1984
In exercise of the powers conferred on me by sections 58A(4), 58B(1) and (2), 58C(1), 58F, 58G, 60(1) and 95(3) of the Social Work (Scotland) Act 1968(a) and of all other powers enabling me in that behalf, and after consulting the Council on Tribunals, I hereby make the following regulations:—
Citation and commencement
1. These regulations may be cited as the Secure Accommodation (Scotland) Regulations 1983 and shall come into operation on 30th January 1984.
Interpretation
2.—(1) In these regulations, unless the content otherwise requires—
"the 1968 Act" means the Social Work (Scotland) Act 1968;
"the 1975 Act" means the Criminal Procedure (Scotland) Act 1975(b);
"child" has the meaning assigned by section 30(1) of the 1968 Act (c);
"children's hearing" has the meaning assigned by section 34(1) of the 1968 Act;
"day" includes a part of a day;
"lawful day" means a day other than a Sunday or public holiday;
"parent" has the meaning assigned by section 94(1), as read with section 30(2), of the 1968 Act(d);
(a) 1968 c.49; sections 58A(4), 58B(1) and (2), 58C(1), 58F and 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) 1975 c.21.
(c) Section 30(1) was amended by the Education (Scotland) Act 1969 (c.49), Schedule 2, Part II, paragraph 5.
(d) Section 94(1) was amended by the Children Act 1975 (c.72), Schedule 4, Part 1.
"local authority" means a regional or islands council;
"reporter" means an officer of the local authority appointed under section 36(1) of the 1968 Act(a);
"residential establishment" has the meaning assigned by section 94(1) of the 1968 Act;
"secure accommodation" means accommodation provided in a residential establishment for the purpose of restricting the liberty of children.
(2) In the calculation of the periods of 48 hours and 72 hours mentioned in these regulations, Sundays and public holidays shall be excluded.
(3) Any reference in these regulations to any provision of an enactment shall, except insofar as the context otherwise requires, be construed as including a reference to any provision which may re-enact or replace it with or without modification.
Approval by the Secretary of State of secure accommodation
3. Accommodation shall not be provided and used in residential establishments as secure accommodation unless it has been approved by the Secretary of State, on such terms and conditions as he thinks fit, for such provision and use.
Welfare of children in secure accommodation
4. The person in charge of a residential establishment providing secure accommodation shall ensure that a child placed and kept in such accommodation receives care appropriate to his needs.
Maximum period in secure accommodation under the 1968 Act without authority
5. The maximum period during which a child may be kept under the 1968 Act in secure accommodation without the authority of a children's hearing, or, as the case may be, of the sheriff, is 7 days, whether consecutively or 7 days in aggregate in any period of 28 consecutive days.
Children subject to certain supervision requirements—interim detention
6.—(1) A child who is subject to a supervision requirement imposed under section 44 of the 1968 Act, but not subject to a condition imposed under section 58A(3) of that Act(b), may not be placed in secure accommodation unless the director of social work of the local authority required to give effect to the supervision requirement and the person in charge of the residential establishment providing the secure accommodation are satisfied—
(a) Section 36(1) was amended by the Local Government (Scotland) Act 1973 (c.65), Schedule 29.
(b) Section 58A(3) was inserted into the 1968 Act by section 8(4) of the Health and Social Services and Social Security Adjudications Act 1983 (c.41).
(a) that the criteria specified in paragraph (a) or (b) of section 58A(3) of the 1968 Act pertain with respect to the child; and
(b) that it is in the child's best interests that he be placed in secure accommodation.
(2) On a child being placed in secure accommodation in accordance with paragraph (1) above, the director of social work shall—
(a) forthwith in writing inform the child's parent and the reporter accordingly, and shall, in addition, so inform the child (in a manner appropriate to his age and understanding) and his parent of the right under regulation 10 below to require that the child's case be brought before a children's hearing within a shorter period than would otherwise apply by virtue of regulation 5 above; and
(b) not later than 48 hours from the time of that placement refer the child's case to the reporter and inform the reporter in writing of—
(i) that placement;
(ii) the reasons by reference to which the director of social work and that person in charge are satisfied with respect to the matters referred to and mentioned at paragraph (l)(a) and (b) above.
(3) On receipt by the reporter of the referral and information under paragraph (2)(b) above, he shall arrange for a review of the child's case by a children's hearing under section 44(7) of the 1968 Act(a) which shall apply as if the reference to a transfer under section 44(6) of the 1968 Act included a reference to a placement under this regulation.
Children in care under Part II of the 1968 Act—interim detention
7.—(1) A child who is in care under Part II of the 1968 Act may not be placed in secure accommodation unless the director of social work of the local authority in whose care the child is, or, where the child is in the care of a voluntary organisation, in whose area the child is being cared for, and the person in charge of the residential establishment providing the secure accommodation are satisfied with respect to the matters referred to and mentioned at regulation 6(l)(a) and (b) above in relation to the child.
(2) On a child being placed in secure accommodation under paragraph (1) above, the director of social work of the local authority shall—
(a) forthwith, in writing, inform the child's parent and the reporter accordingly, and in addition so inform the child (in a manner appropriate to his age and understanding) and his parent of the right under regulation 10 below to require that the child's case be brought before a children's hearing within a shorter period than would otherwise apply by virtue of regulation 5 above; and
(b) not later than 48 hours from the time of that placement, refer the child's case to the reporter and inform the reporter in writing of—
(i) that placement;
(ii) the reasons which give the director of social work and that person
(a) 1968 c.49.
in charge cause to believe that the child may be in need of compulsory measures of care under Part III of the 1968 Act;
(iii) the reasons by reference to which the director of social work and that person in charge are satisfied with respect to the matters referred to and mentioned at regulation 6(1) (a) and (b) above; and
(iv) the views of the director of social work and that person in charge as to the need for the child's placement in secure accommodation to extend beyond a period of 72 hours from the time of the child being so placed.
8.—(1) On receipt by...
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