CHILDREN AND YOUNG PERSONS Citation and commencement 1 These Regulations may be cited as the Secure Accommodation (Scotland) Amendment Regulations 1988 and shall come into force on 1st June 1988. Interpretation 2 In these Regulations, “the principal Regulations ” means the Secure Accommodation (Scotland) Regulations 1983 . Amendment of regulation 2 of the principal Regulations 3 In regulation 2(1) of the principal Regulations (interpretation), there shall be inserted at the appropriate place in alphabetical order the following entries:— “managers” means— a in the case of a voluntary organisation, the management committee to whom powers are delegated within the organisation for management of the residential establishment providing secure accommodation; b in the case of a local authority, those officers exercising powers standing referred to the Social Work Committee under section 2(2) of the 1968 Act or subject to an arrangement under section 161(3) of, and Schedule 20 to, the Local Government (Scotland) Act 1973 for the management of the residential establishment providing secure accommodation; ; “person in charge” means the person in charge of a residential establishment providing secure accommodation who is responsible to the managers of that establishment; ; and “the 1987 Regulations ” means the Social Work (Residential Establishments-Child Care) (Scotland) Regulations 1987 ; . Substitution of new regulation 4 in the principal Regulations 4 For regulation 4 of the principal Regulations there shall be substituted the following:— Welfare of children in secure accommodation 4 1 Subject to paragraph (2) below, the managers in consultation with the person in charge of a residential establishment providing secure accommodation shall ensure that a child placed and kept in such accommodation receives such provision for his care, development and control as shall be conducive to the child’s best interests. 2 For the purposes of paragraph (1) above the managers and person in charge shall comply with such requirements of Part II of the 1987 Regulations as apply to them and their establishments. . Amendment of regulation 6 of the principal Regulations 5 At the end of regulation 6(1) of the principal Regulations (children subject to certain supervision requirements-interim detention) the following words shall be added:— and the director of social work shall, in addition, satisfy himself, in relation to the placing of the child in the residential establishment providing the secure accommodation, of the matters specified in paragraphs (b) and (c) of regulation 18 of the 1987 Regulations. . Amendment of regulations 7, 13 and 14 of the principal Regulations 6 In the principal Regulations, in each of regulations 7(1) (children in care under Part II of the 1968 Act-interim detention), regulation 13 (children cared for under the 1975 Act) and regulation 14(1) (secure accommodation as a place of safety under the 1968 Act), for the words “are satisfied with respect to the matters referred to and mentioned at regulation 6(1)(a) and (b) above” there shall be substituted “are each satisfied with respect to the same matters as to which regulation 6(1) above requires him to be satisfied”. New regulation 9A in the principal Regulations 7 After regulation 9 of the principal Regulations there shall be inserted the following new regulation:— Information provided to a children’s hearing by a local authority in relation to the use of secure accommodation 9A Where a children’s hearing are considering whether to impose a condition under section 58A(3) of the 1968 Act, or to authorise detention in secure accommodation under section 58B(3) or 58E(1) of that Act , as the case may be, a local authority may submit a report (which shall be in writing) to the children’s hearing recommending that the child be placed in a named residential establishment subject to such condition or such authority only if they have complied in respect of that placement with regulation 26(1) of the 1987 Regulations and they are satisfied that it is in the best interests of the child to be subject to such condition or such authority. . Substitution of new regulation 12, and new regulation 12A, in the principal Regulations 8 For regulation 12 of the principal Regulations there shall be substituted the following regulations:— Review of secure accommodation condition 12 1 Reviews of the type required by section 58C(1) of the 1968 Act shall take place at intervals of no more than 3 months. 2 In calculating intervals for the purposes of paragraph (1) of this regulation, any review required by virtue of section 48 of the 1968 Act or in accordance with regulation 12A below, which reviews a condition to which section 58C applies, shall be taken into account. 3 The periods specified in section 58C(4) of the Act shall be varied from nine months and twelve months and shall in each case be three months. 12A Subject to the provisions of section 58C of the 1968 Act and regulation 12 above, where— a a condition imposed under section 58A(3) of the 1968 Act with respect to a child’s residence in secure accommodation has been in effect for more than 6 weeks, but b the child has not been placed in secure accommodation by virtue thereof at any time in a period of 6 weeks immediately preceding the written requirement after mentioned, the child or his parent may, in writing, require the reporter under section 48(5) of the 1968 Act to have the condition reviewed by a children’s hearing within 21 days of receipt by the reporter of that written requirement. . Amendment of regulation 13 of the principal Regulations 9 In regulation 13(a) of the principal Regulations (children cared for under the 1975 Act), for the words “23, 24 or 297” there shall be substituted “23, 24, 297 or 329 ” Amendment of regulation 15 of the principal Regulations 10 In regulation 15(1) of the principal Regulations, after sub-paragraph (b) there shall be inserted— and c the director of social work is satisfied, in relation to the placing of the child in the residential establishment providing the secure accommodation, of the matters specified in paragraphs (b) and (c) of regulation 18 of the 1987 Regulations, . Amendment of regulation 16 of the principal Regulations 11 1 At the beginning of paragraph (1) of regulation 16 of the principal Regulations (records to be kept in respect of a child in secure accommodation) there shall be inserted the words “The managers in consultation with”. 2 In sub-paragraph (1)(e), for the words “regulation 12” there shall be substituted “regulation 12A”. Transitional provisions 12 In relation to children who at 1st June 1988 are subject to a secure accommodation condition as part of a supervision requirement imposed by a children’s hearing under section 44 of the 1968 Act, these Regulations shall have effect either after the expiry of a period of 3 months following that date or on the occasion of a review of a condition to which section 58C of the 1968 Act applies, whichever is the earlier. Michael B Forsyth Parliamentary Under Secretary of State, Scottish Office St Andrew’s House, Edinburgh 4th May 1988