Criminal Justice and Public Order Act 1994

19 Extension of kinds of secure accommodation. E+W

(1) Section 23 of the M1 Children and Young Persons Act 1969 (remands and committals to local authority accommodation) shall be amended by the insertion, in subsection (12), in the definition of “secure accommodation”, after the words “community home”, of the words “, a voluntary home or a registered children’s home”, and, at the end of that subsection, of the words “but, for the purposes of the definition of “secure accommodation”, “local authority accommodation” includes any accommodation falling within section 61(2) of the M2 Criminal Justice Act 1991.”.

(2) In the M3 Children Act 1989, Schedules 5 and 6 (which provide for the regulation of voluntary homes and registered childrens’ homes respectively) shall be amended as follows, that is to say—

(a) in Schedule 5, in paragraph 7(2) (regulations as to conduct of voluntary homes)—

(i) head (f) (power to prohibit provision of secure accommodation) shall be omitted; and

(ii) after that head, there shall be inserted the following—

“(ff) require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child;”; and

(b) in Schedule 6, in paragraph 10(2) (regulations as to conduct, etc. of registered childrens’ homes)—

(i) head (j) (power to prohibit use of accommodation as secure accommodation) shall be omitted; and

(ii) after that head, there shall be inserted the following—

“(jj) require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child.”.

(3) In section 61 of the Criminal Justice Act 1991 (provision by local authorities of secure accommodation)—

(a) in subsection (2), at the end, there shall be inserted the words “ or by making arrangements with voluntary organisations or persons carrying on a registered childrens’ home for the provision or use by them of such accommodation or by making arrangements with the Secretary of State for the use by them of a home provided by him under section 82(5) of the Children Act 1989 ”; and

(b) in subsection (5), at the end, there shall be inserted the words “ and expressions, other than “local authority”, used in the M4 Children Act 1989 have the same meanings as in that Act. ”.

Marginal Citations

M1 1969 c. 54.

M2 1991 c. 53.

M3 1989 c. 41.

M4 1989 c. 41.