Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

26 Amendment of power to detain children in secure accommodation

In the [1968 c. 49.] Social Work (Scotland) Act 1968—

(a) in section 58B(3) (power to detain child in secure accommodation) for the words from "authorise" to the end there shall be substituted the words " order that, pending the determination of his case in accordance with section 42(5) or (6) of this Act, the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment with the agreement of the director of social work of the local authority for the area of the children's hearing, considers necessary. ".

(b) In section 58E(1) (warrant to detain child in secure accommodation) for the words from "authorise" to the end there shall be substituted the words " order that the child shall be liable to be placed and kept in secure accommodation in a named residential establishment at such times as the person in charge of that establishment, with the agreement of the director of social work of the local authority, considers necessary. The local authority referred to in this subsection is, in the case of a warrant issued or renewed by the sheriff, the local authority for the area of the children's hearing which was dealing with the child in respect of whom the warrant was issued and, in the case of a warrant issued or renewed by a children's hearing, the local authority for the area of that children's hearing. "