OpenLegislation

Section 562 Act not to apply to certain persons detained under order of a court.F11 C1 C2 C3

England and Wales

(1)

No power or duty conferred or imposed by or under this Act on—

(a)

the Secretary of State,

(b)

F1local authorities, or

(c)

parents,

shall be construed as relating to any person who is ~~F2detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State~~ subject to a detention order and is detained in accommodation that is not relevant youth accommodation, but a F3local authority may make arrangements for ~~a person who is detained in pursuance of such an order~~ such a person to receive the benefit of educational facilities provided by the authority.

F4(1A)

For the purposes of this Act—

(a)

a person is subject to a detention order if detained in pursuance of—

(i)

an order made by a court, or

(ii)

an order of recall made by the Secretary of State, and

(b)

relevant youth accommodation is accommodation which—

(i)

is youth detention accommodation (within the meaning given by F5section 248(1) of the Sentencing Code, and

(ii)

is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.

(2)

A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of ~~F6subsection (1)~~this section as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—

(a)

by virtue of an order made by a court under the M1Children and Young Persons Act 1933 or by virtue of anything done under such an order; or

(b)

by virtue of a requirement of a F7youth rehabilitation order under F8Chapter 1 of Part 9 of the Sentencing Code or by virtue of anything done under such a requirement.

F9(3)

A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 F10or section 119(4) of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) (use of accommodation for restricting liberty).

Annotations

Textual amendments

F1: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
F2: Words in s. 562(1) substituted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(2)(a), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F3: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F4: S. 562(1A) inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(3), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F5: Words in s. 562(1A)(b)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 142(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F6: Words in s. 562(2) substituted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(4), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F7: Words in s. 562(2)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 47 (with Sch. 27 paras. 1 5); S.I. 2009/3074, art. 2(p)(v)
F8: Words in s. 562(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 142(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F9: S. 562(3) added (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(5), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)
F10: Words in s. 562(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 157
F11: Word in s. 562 heading inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(6), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)

Marginal citations

M1: 1933 c. 12.

Modifications

C1: S. 562 excluded (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 168(5), 173(1)(c)
C2: S. 562 excluded (12.11.2009) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 264(4), 269(1)
C3: S. 562 modified (temp.) (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 44(5)-(7), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 3, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3