Section 562J Interpretation of ChapterF1

In this Chapter—

• “the appropriate national authority” means—

  1. (a)

     in relation to England, the Secretary of State;

  2. (b)

     in relation to Wales, the Welsh Ministers;

• “beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—

  1. (a)

     the beginning of the period of detention in such accommodation, or

  2. (b)

     where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;

• “detained person” has the meaning given by section 562A(3);

• “the home authority”—

  1. (a)

     in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the local authority who are looking after, or who have most recently been looking after, the person;

  2. (b)

     in relation to any other child or young person, means the local authority in whose area the person is ordinarily resident;

• “the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the local authority in whose area the child or young person is detained;

• “looked after child” means a person who, for the purposes of the Children Act 1989 F2or the Social Services and Well-being (Wales) Act 2014 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;

• “young person” includes a person aged 18.

For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.