The Secure Accommodation (Scotland) Amendment Regulations 1988

Substitution of new regulation 12, and new regulation 12A, in the principal Regulations

8.  For regulation 12 of the principal Regulations there shall be substituted the following regulations:—

“Review of secure accommodation condition

12.— (1) Reviews of the type required by section 58C(1) of the 1968 Act shall take place at intervals of no more than 3 months.

(2) In calculating intervals for the purposes of paragraph (1) of this regulation, any review required by virtue of section 48 of the 1968 Act or in accordance with regulation 12A below, which reviews a condition to which section 58C applies, shall be taken into account.

(3) The periods specified in section 58C(4) of the Act shall be varied from nine months and twelve months and shall in each case be three months.

12A.   Subject to the provisions of section 58C of the 1968 Act and regulation 12 above, where—

(a) a condition imposed under section 58A(3) of the 1968 Act with respect to a child’s residence in secure accommodation has been in effect for more than 6 weeks, but

(b) the child has not been placed in secure accommodation by virtue thereof at any time in a period of 6 weeks immediately preceding the written requirement after mentioned,

the child or his parent may, in writing, require the reporter under section 48(5) of the 1968 Act to have the condition reviewed by a children’s hearing within 21 days of receipt by the reporter of that written requirement.”.