The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013

Amendment of the Care Planning, Placement and Case Review (England) Regulations 2010

3.  In regulation 2(1), in the appropriate places, insert—

““the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1);

“director” means the person in charge of a secure training centre;

“detention placement plan” has the meaning given in regulation 47C;

“governor” means the person in charge of a young offender institution;

“registered manager” means the person who is registered under Part 2 of the Care Standards Act 2000(2) as a manager of a secure children’s home;

“remand to local authority accommodation” has the meaning given in section 91(3) of the 2012 Act(3);

“remand to youth detention accommodation” has the meaning given in section 91(4) of the 2012 Act(4);

“secure children’s home” has the meaning given in section 102(11) of the 2012 Act(5);

“secure training centre” has the meaning given in section 43(1)(d) of the Prison Act 1952(6);”; and

“young offender institution” has the meaning given in section 43(1)(aa) of the Prison Act 1952(7).”

(1)

2012 c.10.

(2)

2000 c. 14.

(3)

That is, remand to accommodation provided by or on behalf of a local authority in accordance with section 92 of that Act.

(4)

That is, remand to (a) a secure children’s home, (b) a secure training centre, (c) a young offender institution, or (d) accommodation, or accommodation of a description, for the time being specified by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000 (youth detention accommodation for purposes of detention and training order provisions), such as the Secretary of State directs in the child’s case in accordance with section 102 of that Act. Section 104(1) of that Act provides that a child who is remanded to youth detention accommodation is to be treated as a child who is looked after by the local authority designated by the court under section 102(6).

(5)

That is, accommodation which is provided in a children’s home, within the meaning of the Care Standards Act 2000 which (a) provides accommodation for the purposes of restricting liberty, and (b) in respect of which a person is registered under Part 2 of that Act.

(6)

1952 c.52. Section 43(1)(d) was substituted section 119 of, and paragraph 6 of Schedule 8 to, the Crime and Disorder Act 1998 (c.37), and amended by section 165(1) of, and paragraph 5(1) and (2) of Schedule 9 to, the Powers of Criminal Courts (Sentencing Act) 2000 (c.6), and by section 105 of, and paragraph 4 of Schedule 12 to, the 2012 Act.

(7)

Section 43(1)(aa) was inserted by section 170 of, and paragraph 11 of Schedule 15 to, the Criminal Justice Act 1988 (c.33), and amended by section 18(3) of the Criminal Justice and Public Order Act 1994 (c.33), and by section 148(1) of, and paragraph 3 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c.4).