Section 105 and Schedule 12: Minor and consequential amendments
531.Section 105 gives effect to Schedule 12 which makes various amendments and repeals which are consequential on the new scheme for remands of children otherwise than on bail introduced by Chapter 3 of Part 3.
532.In general these are very straightforward and involve replacing references to sections of the Children and Young Persons Act 1969 or repealing legislation that created powers and duties associated with remand under that Act. Of note however are:
Paragraphs 1 to 3 which amend the Criminal Justice Act 1948. This previously required 17 year olds to be remanded to prison. Under the Act they will be remanded to local authority accommodation or youth detention accommodation.
Paragraph 10 which amends section 32 of the Children and Young Persons Act 1969. It has the effect of providing that where a child is remanded to local authority accommodation and they abscond, if found they will be escorted back to local authority accommodation and the cost will be met by that local authority. Where the child is remanded in youth detention accommodation they will be escorted back to youth detention accommodation at the cost of the Secretary of State.
Paragraph 13 which inserts a reference to this Act into the Local Authority Social Services Act 1970. The effect of this is to include the functions carried out by local authorities in relation to children remanded to local authority accommodation under the Act in the definition of social services functions for the purposes of the Local Authority Social Services Act 1970. This, in turn, brings children who are remanded to local authority accommodation under the Act into the definition of a ‘looked after child’ set out in section 22 of the Children Act 1989. In this way a child who is remanded to local authority accommodation under the Act becomes a “looked after child” within the meaning of the Children Act 1989.
