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Regulation 5 Maximum period in secure accommodation

Scotland

C1(1)

Subject to regulation 10(6) the maximum period during which a child may be kept in secure accommodation without the authority of the children's hearing or the sheriff is an aggregate of 72 hours (whether or not consecutive) in any period of 28 consecutive days.

(2)

Any time accrued, prior to the relevant date, for the purposes of regulation 5 of the 1996 Regulations is deemed to be time accrued for the purposes of this regulation.

F1(3)

This regulation does not apply in relation to a child placed in secure accommodation in Scotland under section 25 of the Children Act 1989 (which allows accommodation in Scotland to be used for restricting the liberty of children looked after by English and Welsh local authorities).

Annotations

Textual amendments

F1

Reg. 5(3) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 10 (with Sch. 1 para. 14)

Modifications

C1

Reg. 5(1) expiry of earlier affecting provision 2020 asp 7, sch. 3 para. 6(2) (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(3), 11(2)