The Secure Accommodation (Scotland) Regulations 1996

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Children (Scotland) Act 1995;

“the 1968 Act” means the Social Work (Scotland) Act 1968;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

“the 1996 Regulations” means the Residential Establishments-Child Care (Scotland) Regulations 1996(1);

“the appropriate local authority” has the meaning given to that term in section 44(11) of the 1995 Act;

“children’s hearing” has the meaning given to that term by section 93(1) of the Act;

“day” includes a part of a day;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2);

“managers” means–

(a)

in the case of a local authority, those officers having delegated powers under section 56 of the Local Government (Scotland) Act 1973(3) for the management of the residential establishment providing secure accommodation;

(b)

in any other case those who are responsible for management of the residential establishment providing secure accommodation;

“parent” has the meaning given to that term by section 15(1) of the Act and also includes any person who is not a parent of the child but who has parental responsibilities;

“person in charge” means the person in charge of a residential establishment providing secure accommodation who is responsible to the managers of that establishment;

“Principal Reporter” has the meaning given to that term by section 93(1) of the Act;

“relevant person” has the meaning given to that term by the meaning in section 93(2)(b) of the Act;

“residential establishment” has the meaning given to that term by section 93(1) of the Act;

“secure accommodation” means accommodation provided in a residential establishment for the purpose of restricting the liberty of children;

“supervision requirement” has the meaning given to that term by section 93(1) of the Act.

(2) In the calculation of the periods of 48 hours and 72 hours mentioned in these Regulations, Sundays and public holidays shall be excluded.

(3) In these Regulations any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.

(1)

S.I. 1996/3256.

(2)

1994 c. 39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232.

(3)

1973 c. 65; section 56 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), section 32, the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47), section 28, the Local Government Finance Act 1992 (c. 14), Schedule 13, paragraph 35, the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 92, and the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 22.