The Visits to Children in Detention (Wales) Regulations 2015

Interpretation

2.—(1) In these Regulations—

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989(1);

“the 2012 Act” (“Deddf 2012”) means the Legal Aid, Sentencing and Punishment of Offenders Act 2012(2);

“the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014;

“A” (“A”) means a child—

(a)

who was looked after by a local authority but has ceased to be looked after(3) by it as a result of the circumstances prescribed in regulation 3, or

(b)

subject to regulation 2(2), a child who falls within a category specified in regulation 4;

“institution” (“sefydliad”) means youth detention accommodation(4) or prison(5);

“R” (“R”) means the representative of the responsible authority who is appointed to visit A in accordance with the arrangements made by it under section 97 of the 2014 Act;

“relevant youth offending team case manager” (“rheolwr achos tîm troseddwyr ifanc perthnasol”) means the person within the responsible local authority’s youth offending team(6) who is managing A’s case;

“responsible local authority” (“awdurdod lleol cyfrifol”) means—

(a)

where A falls within regulation 3, the local authority which looked after A immediately prior to A being detained,

(b)

where A falls within regulation 4—

(i)

where A is ordinarily resident in Wales, the local authority for the area in which A is ordinarily resident, and

(ii)

in any other case, the local authority for the area in which the institution in which A is detained, or the premises in which A is required to live, are situate;

“working day” (“diwrnod gwaith”) means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971(7);

“youth offending team” (“tîm troseddwyr ifanc”) has the meaning given in section 39(1) of the Crime and Disorder Act 1998.

(2) These Regulations do not apply to a child who is—

(a) in the care of a local authority in Wales(8);

(b) in the care of a local authority in England(9);

(c) a category 2 young person(10);

(d) a relevant child for the purposes of section 23A of the 1989 Act(11); or

(e) a former looked after child who, having been convicted of an offence by a court, is detained in youth detention accommodation or in prison, or is residing in approved premises and, immediately before being convicted, was provided with accommodation by a local authority in England under section 20 of the 1989 Act(12).

(1)

1989 c. 41.

(2)

2012 c. 10.

(3)

For the meaning of a child who is “looked after” by a local authority see section 197(2) of the 2014 Act; “local authority” and “local authority in England” are defined in section 197(1) of the 2014 Act.

(4)

“Youth detention accommodation” is defined in section 188(1) of the 2014 Act.

(5)

“Prison” is defined in section 188(1) and 197(1) of the 2014 Act.

(6)

Under section 39(1) of the Crime and Disorder Act 1998 (c. 37) a local authority has a duty to establish one or more youth offending teams for its area.

(7)

1971 c. 80.

(8)

See section 197(3) of the 2014 Act which provides that “A reference in this Act to a child who is in the care of a local authority is a reference to a child who is in its care by virtue of a care order (within the meaning given by the Children Act 1989)”. Provision is made for looked after children in detention or who are required to reside in approved premises within the Care Planning, Placement and Case Review (Wales) Regulations 2015 (S.I. 2015/ 1818 (W. 261)).

(9)

See section 105(1) of the 1989 Act which provides that “…any reference to a child who is in the care of a local authority is a reference to a child who is in their care by virtue of a care order” and that a care order “has the meaning given by section 31(11)” of the 1989 Act. A local authority in England has duties in relation to children in their care who are in detention by virtue of the Care Planning, Placement and Case Review (England) Regulations 2010 (S.I. 2010/959).

(10)

“Category 2 young person” is defined in section 104(2) of the 2014 Act. A responsible local authority has duties in relation to a category 2 young person who is detained in prison, youth detention accommodation or who is required to reside in approved premises in the Care Leavers (Wales) Regulations 2015 (S.I. 2015/ 1820 (W.262)).

(11)

Section 23A(2) of the 1989 Act defines a “relevant child” and section 23B of the 1989 Act sets out additional functions of the responsible local authority in England in respect of such relevant children. A responsible local authority in England has duties towards relevant children who are in detention by virtue of the Care Leavers (England) Regulations 2010 (S.I. 2010/2571).

(12)

The responsible local authority in England has duties in relation to such former looked after child under the Looked After Children in Detention (England) Regulations 2010 (S.I. 2010/ 2797).