Local authority duties in relation to detained children 20 Duty of local authority to provide residential establishments for detained children (1) The Social Work (Scotland) Act 1968 is amended as follows. (2) In section 59 (provision of residential and other establishments by local authorities), in 25 subsection (1)— (a) for second “under” substitute “conferred under or by virtue of”, (b) after “1995 (c.36)” insert “, the Criminal Procedure (Scotland) Act 1995”. 21 Children detained in secure accommodation to be treated as “looked after” children (1) The Children (Scotland) Act 1995 is amended as follows. 30 (2) After section 17 insert— “17A Detained children to be treated as looked after children (1) This section applies where a child is detained in secure accommodation by virtue of section 51(1)(a), 205(2), 208(1) or, as the case may be, 216(7) of the Criminal Procedure (Scotland) Act 1995. 22 Children (Care and Justice) (Scotland) Bill Part 3—Residential and secure care (2) The relevant local authority in relation to the child has the same duties towards the child as it would have by virtue of sections 17, 29, 30 and 31 if the child were looked after by that local authority. (3) In subsection (2), the “relevant local authority”, in relation to a child, has the 5 same meaning as in section 201 of the Children’s Hearings (Scotland) Act 2011.”. (3) The Children and Young People (Scotland) Act 2014 is amended as follows. (4) In section 97 (interpretation), in subsection (2), for “section 17(6)” substitute “sections 17(6) and 17A(2)”. 10 P ART 3 1 R ESIDENTIAL AND SECURE CARE 22 Meaning of “secure accommodation” (1) The 2011 Act is amended as follows. (2) In section 202 (interpretation), in subsection (1)— 15 (a) in the definition of “secure accommodation”— (i) in the opening words, “accommodation provided for the purpose of restricting the liberty of children which” is repealed, (ii) for paragraph (a) substitute— “(a) in relation to Scotland, accommodation provided for the purpose of 20 depriving children of their liberty which is provided— (i) in a residential establishment, (ii) by a secure accommodation service,”, (iii) in paragraph (b), for “in England,” substitute “in relation to England, accommodation provided for the purpose of restricting the liberty of children 25 which”, (iv) in paragraph (c), for “in Wales,” substitute “in relation to Wales, accommodation provided for the purpose of restricting the liberty of children which”, (b) after the definition of “secure accommodation authorisation” insert— 30 ““secure accommodation service” means a service— (a) which is approved by the Scottish Ministers— (i) under paragraph 6(c) of schedule 12 of the Public Services Reform (Scotland) Act 2010, and (ii) in accordance with regulations made under section 78A of 35 that Act, and (b) in respect of which a person is registered under Part 5 of that Act,”. 23 Children (Care and Justice) (Scotland) Bill Part 3—Residential and secure care 23 Secure accommodation services (1) The Public Services Reform (Scotland) Act 2010 (“the 2010 Act”) is amended as follows. (2) After section 78 insert— “78A Regulations: approval of secure accommodation services 5 (1) Regulations may make provision about the approval of secure accommodation services by the Scottish Ministers under paragraph 6(c) of schedule 12. (2) Regulations under subsection (1) may, in particular, make provision about— (a) the making of applications for such approval, including— (i) the categories of applicant who cannot competently make an 10 application, 1 (ii) the form and content of applications, (iii) the information to be provided in connection with applications, (iv) the modification of applications, (b) the procedure to be followed by the Scottish Ministers when making 15 decisions on applications, including— (i) the criteria to be applied, (ii) the matters to be taken into account...