FIFTH GROUP OF PARTSSentencing: miscellaneous provision and interpretation

PART 13Interpretation

I1C1404References to parent or guardian of offender where local authority has parental responsibility

1

This section applies where an offender for whom a local authority has parental responsibility is—

a

in the care of the local authority, or

b

provided with accommodation by the local authority in the exercise of any social services functions of the authority.

2

Any reference in this Code to the offender's parent or guardian is to be read as a reference to that authority.

3

This does not apply in paragraphs 27 and 39 of Schedule 6 (fostering and education requirements of youth rehabilitation orders) and is subject to express provision to the contrary.

4

In this section—

  • “local authority” has the same meaning as it has in the Children Act 1989;

  • “parental responsibility” has the same meaning as it has in that Act (see section 3 of that Act);

  • “social services functions”—

    1. a

      in relation to a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 (see section 1A of that Act);

    2. b

      in relation to a local authority in Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 143 of that Act).