Children And Young Persons Citation, commencement and interpretation 1 1 These Regulations may be cited as the Children (Care and Justice) (Scotland) Act 2024 (Commencement No. 1 and Transitional Provision) Regulations 2024 and come into force on 28 August 2024. 2 In these Regulations— a “ the Act ” means the Children (Care and Justice) (Scotland) Act 2024, b “ the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995 , c “ the appropriate local authority ” means— i where the child usually resides in Scotland, the local authority for the area in which the child usually resides, ii in any other case, the local authority for the area in which the offence was committed, d “ child ” means a person who is under the age of 18 years, e “ residential establishment ” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011 . Appointed day 2 28 August 2024 is the day appointed for the coming into force of the following provisions of the Act— a section 1 (age of referral to children’s hearing), for the purpose of its application to the amendments to the 1995 Act made by sections 18 and 19 of the Act, b section 12 (meaning of “ child ”), for the purpose of its application to the amendments to the 1995 Act made by sections 18 and 19 of the Act, c section 18 (remand and committal of children before trial or sentence), d section 19 (detention of children on conviction), e section 21 (meanings of “young offenders institution” and “young offender”), f section 22 (abolition of remand centres), g section 23 (duty of local authority to provide residential establishments for detained children), h section 24 (children detained in secure accommodation to be treated as “looked after” children), i section 37 (modification of enactments), for the purpose of its application to the modification of the enactments in parts 5, 6 and 7 of the schedule of the Act, j in the schedule (minor and consequential modifications)— i part 5 (criminal procedure: miscellaneous modifications), ii part 6 (abolition of remand centres), iii part 7 (local authority duties in relation to detained children). Transitional provision 3 1 Subject to paragraph (2), a child who, before the appointed day, is committed to or detained in a prison or young offenders institution— a under section 51(1)(aa) or (b)(ii) of the 1995 Act (remand and committal of children and young persons) , is to be treated for all purposes, on and after the appointed day, as though the child had been committed to the appropriate local authority to be detained in terms of section 51(1)(a)(i) or (ii) of the 1995 Act, b under section 207(2) of the 1995 Act (detention of young offenders) — i on summary conviction, is to be detained, on and after the appointed day, in a residential establishment in such place as the appropriate local authority may, from time to time, consider appropriate, ii on conviction on indictment, is to be treated for all purposes, on and after the appointed day, as though the child had been convicted and detained in terms of section 208 of the 1995 Act (detention of children convicted on indictment) . 2 A child to whom paragraph (1) applies can continue to be detained in a prison or young offenders institution provided— a that steps are being taken for the child to be committed or detained in accordance with paragraph (1), and b that they are so committed or detained before 31 August 2024. 3 Paragraph (1) takes effect despite the provision of any document (including any warrant, interlocutor or extract), which makes reference (in whatever terms) to detention in a prison or young offenders institution. NATALIE DON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th August 2024