# The Residential Care Order (Secure Accommodation) (Scotland) Regulations 1988, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are concerned with the use in Scotland of secure accommodation for children who are ordered by a court to be detained in residential care under section 413 of the Criminal Procedure (Scotland) Act 1975, as substituted by section 59(1) of the Criminal Justice (Scotland) Act 1987 (regulation 3).
The Regulations provide that a child subject to a section 413 order shall be liable to detention in secure accommodation only where the Director of Social Work of the relevant local authority and the person in charge of the residential establishment providing the secure accommodation together are satisfied that it is in the child’s best interests, having regard to certain circumstances prescribed in the Regulations, and that when he is liable to such detention a child should be placed in secure accommodation within the residential establishment only at such times as the person in charge with the agreement of the relevant Director of Social Work considers necessary (regulation 4).
Regulation 5 prescribes arrangements for a review of the decision to use secure accommodation. Regulation 6 requires the managers in consultation with the person in charge of the residential establishment to ensure that a child placed in secure accommodation receives care appropriate to his needs. Arrangements for keepi fing records of a child being placed in secure accommodation are dealt with in regulation 7.

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Source: https://www.legislation.gov.uk/uksi/1988/294/note (the official version)
Page: https://openlegislation.uk/residential-care-order-secure-accommodation-scotland-regulations-1988/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.