The Recovery of Costs (Remand to Youth Detention Accommodation) (England and Wales) Regulations 2012

JurisdictionUK Non-devolved
CitationSI 2012/2822

2012 No. 2822

Criminal Law, England And Wales

The Recovery of Costs (Remand to Youth Detention Accommodation) (England and Wales) Regulations 2012

Made 8th November 2012

Laid before Parliament 12th November 2012

Coming into force 3rd December 2012

The Secretary of State makes the following Regulations in exercise of the power conferred by section 103(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Recovery of Costs (Remand to Youth Detention Accommodation) (England and Wales) Regulations 2012 and come into force on 3rd December 2012.

(2) In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

“relevant person” means—

(a) in the case of a child who is remanded to a secure children’s home, the local authority which provides the secure children’s home, and

(b) in the case of a child who is remanded to a secure training centre, the Youth Justice Board for England and Wales2.

S-2 Liability for costs of a child being subject to a remand: secure children’s homes and secure training centres

Liability for costs of a child being subject to a remand: secure children’s homes and secure training centres

2.—(1) This regulation applies where a court remands a child to youth detention accommodation under section 91(4) of the Act.

(2) Subject to paragraph (3), where the Secretary of State or the Youth Justice Board for England and Wales has directed under section 102(1) of the Act that the remand is to a secure children’s home or a secure training centre, the designated authority for the child is liable to pay the relevant person the applicable amount in respect of each night on which the child is remanded there.

(3) Where the designated authority is also the relevant person, regulation 2(2) does not apply.

(4) In this regulation—

“the applicable amount” means—

(a) in the case of a child who is remanded to a secure children’s home, one third of the price per night at which the child is provided with accommodation by the relevant person in accordance with an arrangement made under section 103(1) of the Act; and

(b) in the case of a child who is remanded to a secure training centre, £233.56.

S-3 Payment procedure

Payment procedure

3.—(1) Any amount which a designated authority is liable to pay by...

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