The Children (Secure Accommodation) Regulations 1991
UK Statutory Instrument 1991 No. 1505 — creates 1 criminal offence.
- Made
- 30 June 1991
- In force from
- 14 October 1991
- Extent
- Not stated
- Subject
- Miscellaneous
- Made under
- Schedule 6 to the Children Act 1989
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations replace the Secure Accommodation (No. 2) Regulations 1983 and the Secure Accommodation (No. 2) (Amendment) Regulations 1986 in consequence of the bringing into force of section 25 of the Children Act 1989 and the repeal of section 21A of the Child Care Act 1980 (c. 5) which it replaces. The main changes include the extension of the secure accommodation provisions to children accommodated by health or local education authorities or National Health Service trusts or in residential care, nursing or mental nursing homes. The Regulations also prohibit for the first time the use of voluntary homes and registered children’s homes for restricting the liberty of children. The Regulations provide for approval by the Secretary of State of secure accommodation in community homes (regulation 3); the placement of a child aged under 13 in secure accommodation in community homes (regulation 4); the children to whom section 25 of the Act shall not apply (regulation 5); the modifications subject to which section 25 of the Act shall have effect in relation to detained and remanded children (regulation 6); certain children accommodated by health authorities, National Health Service trusts or local education authorities and in residential care, nursing or mental nursing homes to whom the Act shall apply and have effect subject to modifications (regulation 7); the making of applications to court (regulation 8); the duty to give information of placements in community homes (regulation 9); provision as to the maximum period in accommodation for restricting liberty without court authority (regulation 10); the maximum initial period of authorisation by any court (regulation 11); further periods of authorisation by a court (regulation 12); the maximum periods of authorisation by a court for remanded children (regulation 13); the duty to inform parents and others in relation to children in secure accommodation in a community home (regulation 14); the appointment of persons to review placements in secure accommodation in a community home (regulation 15); the review of placements in secure accommodation in a community home (regulation 16); the records to be kept in respect of a child in secure accommodation in a community home (regulation 17); the prohibition of the use of accommodation for restricting liberty in voluntary homes and registered children’s homes and breach thereof (regulation 18); and the revocation of the Secure Accommodation (No. 2) Regulations 1983 and the amendment regulations (regulation 19).
Offences created by this instrument
- Voluntary homes and registered children’s homes not to be used for restricting liberty regulation 18(2) · Revoked · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1991