The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012

Amendments of the Children (Secure Accommodation) Regulations 1991 and saving provision

2.—(1) The Children (Secure Accommodation) Regulations 1991(1) are amended as follows.

(2) In regulation 6(1)(b) (modification of section 25 of the Children Act 1989(2) in relation to children looked after by a local authority by virtue of being remanded to local authority accommodation), for “section 23 of the Children and Young Persons Act 1969 (remand to local authority accommodation)” substitute “section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children to local authority accommodation)”.

(3) In regulation 13 (maximum periods of authorisation by court for remanded children), for “section 23 of the Children and Young Persons Act 1969” substitute “section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

(4) The amendments made by paragraphs (2) and (3) are of no effect in relation to proceedings in which a child is subject to a pre-commencement remand.

(5) A pre-commencement remand is a remand which—

(a) commenced before 3rd December 2012; and

(b) is a remand—

(i) to prison by virtue of section 27(1) of the Criminal Justice Act 1948(3);

(ii) to local authority accommodation by virtue of section 23(1) or (1A) of the Children and Young Persons Act 1969(4); or

(iii) to prison by virtue of section 23(1) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998(5).

(1)

S.I. 1991/1505.

(2)

1989 c.41.

(3)

1948 c. 58.

(4)

1969 c.54.

(5)

1998 c.37.