{
  "url": "https://openlegislation.uk/secure-accommodation-scotland-amendment-regulations-1988/note",
  "json_url": "https://openlegislation.uk/secure-accommodation-scotland-amendment-regulations-1988/note.json",
  "legislation": "uksi/1988/841",
  "legislation_title": "The Secure Accommodation (Scotland) Amendment Regulations 1988",
  "legislation_url": "https://openlegislation.uk/secure-accommodation-scotland-amendment-regulations-1988",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Secure Accommodation (Scotland) Regulations 1983 (“the principal Regulations”) which are concerned with the provision and use in Scotland of secure accommodation for restricting the liberty of children in certain circumstances. The amendments take account of changes resulting from the Social Work (Residential Establishments-Child Care) (Scotland) Regulations 1987 (“the 1987 Regulations”) which also come into force on 1st June 1988.\nRegulation 3 extends regulation 2 of the principal Regulations to include definitions of “managers” and “person in charge”.\nRegulation 4 substitutes a new provision in the principal Regulations relating to the welfare of children in secure accommodation and lays a new duty on the managers of a residential establishment providing secure accommodation to ensure, in consultation with the person in charge, provision of appropriate standards of care for children within secure accommodation in establishments they provide, having regard to the provisions of Part II of the 1987 Regulations.\nRegulation 5 extends the duty of directors of social work under regulation 6 of the principal Regulations in reaching a decision on the placement of a child in secure accommodation subject to a supervision requirement but without a specific condition to that effect. Under this amendment the director of social work, in following the prescribed procedures, is now in addition required to satisfy himself as to the matters set out at regulation 18(b) and (c) of the 1987 Regulations.\nRegulation 6 extends regulations 7, 13 and 14 of the principal Regulations and ensures that a child may be placed in secure accommodation only if the director of social work and the person in charge of the residential establishment are satisfed in respect to the matters now prescribed at regulation 6 of the principal Regulations.\nRegulation 7 inserts a new regulation 9A in the principal Regulations to the effect that, where a children’s hearing are considering whether a condition should be applied to a supervision requirement authorising detention of a child in secure accommodation (including those cases where interim detention has already been agreed by the director of social work), a local authority may recommend such a condition only if they are satisfied that such a placement is in the child’s best interests in accordance with the procedures set out at regulation 26(1) of the 1987 Regulations.\nRegulation 8 substitutes new regulations 12 and 12A in the principal Regulations. Regulation 12 provides for the review at intervals of 3 months of a condition authorising secure accommodation as part of a supervision requirement made by a children’s hearing under section 58C of the 1968 Act. The regulation requires that, in calculating the prescribed interval of 3 months, account shall be taken of any review for other purposes under the 1968 Act which also reviews such a condition. Regulation 12A gives a child or his parents the right to require a review by a children’s hearing within 21 days of a written request to that effect where a condition imposed by the hearing has been ineffective for a continuous period of 6 weeks.\nRegulation 9 makes a minor technical adjustment to the terms of regulation 13 of the principal Regulations which deals with the placement in secure accommodation of children being cared for by a local authority under various provisions of the Criminal Procedure (Scotland) Act 1975.\nRegulation 10 amends regulation 15 of the principal Regulations dealing with a number of situations where a child may be detained in a place of safety under a warrant issued by a hearing or a sheriff which does not authorise the use of secure accommodation under section 58E of the 1968 Act. The amendment requires the director of social work, in following the prescribed procedures, to be satisfied additionally as to the matters set out in regulation 18(b) and (c) of the 1987 Regulations for placing a child in secure accommodation.\nRegulation 11 makes minor consequential amendments to regulation 16 of the principal Regulations dealing with requirements on record keeping.\nRegulation 12 is a transitional provision which provides, in the case of existing supervision requirements to which a secure accommodation condition is attached, that these Regulations shall have effect either after the expiry of a period of 3 months after 1st June 1988 or on the occasion of the first review of the condition following that date, whichever is the earlier.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/841/note",
    "retrieved_at": "2026-10-29T16:06:53.879561+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}