164Secure 16 to 19 Academies
(1)In section 1B of the Academies Act 2010 (16 to 19 Academies), at the end insert—
“(4)A 16 to 19 Academy may provide secure accommodation for its students, but only if it is approved to do so by the Secretary of State.
(5)“Secure accommodation” means accommodation that is provided for the purpose of restricting liberty.
(6)The Secretary of State may grant approval under subsection (4) subject to conditions.
(7)A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.”
(2)In section 12 of that Act (charitable and trust corporation status of Academy proprietors etc), at the end insert—
“(5)The setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose that falls within the description in section 3(1)(b) of the Charities Act 2011 (advancement of education) for the purposes of—
(a)this section,
(b)the Charities Act 2011, and
(c)any other enactment that applies (in whatever way) the definition of “charitable purpose” in section 2 of that Act.
(6)But subsection (5) is to be disregarded in determining, in accordance with section 3(1)(m) of the Charities Act 2011, whether a purpose may be regarded as analogous to, or within the spirit of, a purpose falling within paragraph (b) of section 3(1) of that Act.”
(3)In section 248(1) of the Sentencing Code (meaning of “youth detention accommodation”), after paragraph (b) insert—
“(ba)a secure 16 to 19 Academy,”.
(4)In the Children’s Homes (England) Regulations 2015 (S.I. 2015/541)—
(a)in regulation 2 (interpretation), in paragraph (1), in the definition of “secure children’s home”—
(i)after “means” insert “—
”;
(ii)at the end insert “; or
a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);”;
(b)in regulation 3 (excepted establishments)—
(i)in paragraph (1)(b), for “as” substitute “other than a secure 16 to 19 Academy, as those terms are”;
(ii)omit paragraph (1A).