Explanatory note
(This note is not part of the Regulations)
These Regulations make amendments to the Children (Secure Accommodation) (Wales) Regulations 2015 (“the Secure Accommodation Regulations”).
The amendment to the definition of “secure accommodation” in regulation 1 of the Secure Accommodation Regulations to include secure accommodation in Scotland has effect so that placement of a child by a Welsh local authority in secure accommodation in Scotland is subject to the same safeguards which apply to placements in England and Wales. These amendments are consequential on the amendments made to section 25 of the Children Act 1989 by section 10 of, and paragraphs 1 and 2 of Schedule 1 to, the Children and Social Work Act 2017.
The amendment to paragraph (5) of regulation 1 is consequential on the coming into force of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”). Secure accommodation services in Wales are regulated under the 2016 Act from 2 April 2018.
The amendment to regulation 4 makes clear who is able to apply for a secure accommodation order in cases which do not involve looked after children as provided for by regulation 16.
The amendments to regulations 6 and 7 clarify that the maximum periods set in those two regulations apply to an order of the court made in relation to secure accommodation in Wales.
The amendment to regulation 8 is consequential on the amendment to the definition of “secure accommodation” in regulation 1 and clarifies that the restriction applies in relation to placement of looked after children.
Regulations 9 and 12 are made under the power conferred by section 27 of 2016 Act.
The amendment to regulation 15 clarifies how the provision works for placements by English local authorities to secure accommodation in Wales.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.