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Sentencing Act 2020

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Changes over time for: Section 404

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Point in time view as at 02/05/2022.

Changes to legislation:

Sentencing Act 2020, Section 404 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

404References to parent or guardian of offender where local authority has parental responsibilityE+W

(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”—

    (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);

    (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).

Modifications etc. (not altering text)

C1Ss. 403-405 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 404 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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