Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 and come into force on 3rd December 2012.

(2) In these Regulations—

“the 1989 Act” means the Children Act 1989( 2 );

“the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“a relevant child” means a child who is remanded to youth detention accommodation( 3 ) and who is to be treated as looked after by virtue of section 104(1) of the 2012 Act.

Application of provisions in the 1989 Act to children on remand and savings

2. The following provisions of the 1989 Act do not apply in relation to a relevant child—

(a) section 22C( 4 ) (ways in which looked after children are to be accommodated and maintained);

(b) section 22D( 5 ) (review of child’s case before making alternative arrangements for accommodation);

(c) until such time as section 8 of the Children and Young Persons Act 2008 comes fully into force in relation to Wales, section 23(2) to (8) (provision of accommodation and maintenance by local authority for children whom they are looking after); and

(d) paragraph 21 of Schedule 2( 6 ) (liability to contribute towards maintenance of looked after children).

3. Notwithstanding the provision made by regulation 2(a), the Care Planning, Placement and Case Review (England) Regulations 2010( 7 ) continue to have effect in relation to a relevant child.

4. Notwithstanding the provision made by regulation 2(c), section 23(2) to (8) of the 1989 Act continue to have effect for the purpose of making regulations under section 23 of that Act.

5. Paragraph 21 of Schedule 2 to the 1989 Act does not apply in relation to a child who is remanded to local authority accommodation under section 91(3) of the 2012 Act.

Application of the Children (Secure Accommodation) Regulations 1991

6. After regulation 5 of the Children (Secure Accommodation) Regulations 1991( 8 ) insert—

“ (5A) Section 25 of the Act shall not apply to a child who is remanded to youth detention accommodation and who is to be treated as looked after by virtue of section 104(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. ” .