The Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013

Made: 6th March 2013

Laid before Parliament: 11th March 2013

Coming into force: 1st April 2013

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 103(2)(a) and (6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00001].

Citation and commencement

1

These Regulations may be cited as the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013 and come into force on 1st April 2013.

Revocation of the Recovery of Costs (Remand to Youth Detention Accommodation) (England and Wales) Regulations 2012

2

The Recovery of Costs (Remand to Youth Detention Accommodation) (England and Wales) Regulations 2012[^f00002] are revoked.

Liability for costs of a child being subject to a remand to youth detention accommodation

3

• (1) This regulation applies in the case of any child—

• (a) who is, on or after the coming into force of these Regulations, subject to a remand to youth detention accommodation under section 91(4) of the Act; and

• (b) in respect of whom the Secretary of State or the Youth Justice Board for England and Wales[^f00003] has directed under section 102(1) of the Act (whether before or after the coming into force of these Regulations) that the remand is to a secure children’s home, a secure training centre or a young offender institution.

• (2) The designated authority for the child is liable to pay the Secretary of State the applicable amount in respect of each night on which the child is remanded to a secure children’s home, a secure training centre or a young offender institution.

• (3) In this regulation—

• (a) “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• (b) “the applicable amount” means, in the case of a child who is remanded to—

• (i) a secure children’s home, £580 (subject to paragraph (6));

• (ii) a secure training centre, £579 (subject to paragraph (5)); and

• (iii) a young offender institution, £163 (subject to paragraph (4)).

• (4) The applicable amount, in the case of a child who is remanded to a young offender institution, means—

• (a) on or after 1st July 2013 (but before 1st April 2014), £157;

• (b) on or after 1st April 2014 (but before 1st April 2015), £158;

• (c) on or after 1st April 2015 (but before 1st April 2017), £177;

• (d) on or after 1st April 2017 (but before 1st April 2018), £191;

• (e) on or after 1st April 2018 (but before 1st April 2019), £189;

• (f) on or after 1st April 2019 (but before 1st April 2020), £240;

• (g) on or after 1st April 2020 (but before 1st April 2021), £321;

• (h) on or after 1st April 2021 (but before 1st April 2022), £315;

• (i) on or after 1st April 2022 (but before 1st April 2023), £307;

• (j) on or after 1st April 2023 (but before 1st April 2024), £328;

• (k) on or after 1st April 2024 (but before 1st April 2025), £329;

• (l) on or after 1st April 2025 (but before 1st April 2026), £353;

• (m) on or after 1st April 2026, £373.

• (5) The applicable amount, in the case of a child who is remanded to a secure training centre, means—

• (a) on or after 1st October 2013 (but before 1st December 2013), £587;

• (b) on or after 1st December 2013 (but before 1st April 2014), £583;

• (c) on or after 1st April 2014 (but before 20th May 2014), £581;

• (d) on or after 20th May 2014 (but before 1st December 2014), £533;

• (e) on or after 1st December 2014 (but before 1st April 2015), £529;

• (f) on or after 1st April 2015 (but before 1st April 2016), £497;

• (g) on or after 1st April 2016, (but before 5th May 2016), £490;

• (h) on or after 5th May 2016 (but before 1st April 2017), £472;

• (i) on or after 1st April 2017 (but before 1st April 2018), £536;

• (j) on or after 1st April 2018 (but before 1st April 2019), £546;

• (k) on or after 1st April 2019 (but before 1st April 2020), £612;

• (l) on or after 1st April 2020 (but before 1st April 2021), £453;

• (m) on or after 1st April 2021 (but before 1st April 2022), £574;

• (n) on or after 1st April 2022 (but before 1st April 2023), £733;

• (o) on or after 1st April 2023 (but before 1st April 2024), £838;

• (p) on or after 1st April 2024 (but before 1st April 2025), £921;

• (q) on or after 1st April 2025 (but before 1st April 2026), £941;

• (r) on or after 1st April 2026, £1027.

• (6) The applicable amount, in the case of a child who is remanded to a secure children’s home, means—

• (a) on or after 1st April 2014 (but before 1st May 2014), £561;

• (b) on or after 1st May 2014 (but before 1st April 2015), £555;

• (c) on or after 1st April 2015 (but before 1st April 2016), £559;

• (d) on or after 1st April 2016 (but before 1st April 2017), £574;

• (e) on or after 1st April 2017 (but before 12th May 2018), £579;

• (f) on or after 12th May 2018 (but before 1st December 2018), £610;

• (g) on or after 1st December 2018 (but before 1st April 2019), £678.70;

• (h) on or after 1st April 2019 (but before 1st April 2020), £699;

• (i) on or after 1st April 2020 (but before 1st April 2021), £762;

• (j) on or after 1st April 2021 (but before 1st April 2022), £753;

• (k) on or after 1st April 2022 (but before 1st April 2023), £770;

• (l) on or after 1st April 2023 (but before 1st April 2024), £834;

• (m) on or after 1st April 2024 (but before 1st April 2025), £887 (except where the secure children’s home is a secure 16 to 19 Academy, where the applicable amount is £772);

• (n) on or after 1st April 2025 (but before 1st April 2026), £968 (except where the secure children’s home is a secure 16 to 19 Academy, where the applicable amount is £859);

• (o) on or after 1st April 2026, £1230 (except where the secure children’s home is a secure 16 to 19 Academy, where the applicable amount is £852).

Payment procedure

4

• (1) Any amount which a designated authority is liable to pay by virtue of these Regulations is to be paid within 30 days of receipt by the designated authority of an invoice issued for that amount by the Secretary of State.

• (2) An invoice must specify—

• (a) the name of the child;

• (b) the date of birth of the child;

• (c) the designated authority for the child;

• (d) the name and address of the accommodation to which the child was remanded;

• (e) the period to which the invoice relates; and

• (f) the total amount payable by the designated authority.

Enforcement and repayment

5

• (1) Any amount which a designated authority is liable to pay by virtue of these Regulations is recoverable by the Secretary of State as a civil debt.

• (2) Where an amount paid by a designated authority to the Youth Justice Board for England and Wales by virtue of these Regulations was paid in error, the Secretary of State must repay that amount to the designated authority.

Signed

Signed by the authority of the Secretary of State

Jeremy Wright — Parliamentary Under Secretary of State — Ministry of Justice — 6th March 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for and in connection with payment by local authorities to the Youth Justice Board for England and Wales of the cost of a child being subject to a remand to a secure children’s home, a secure training centre or a young offender institution.

Footnotes

[^f00001]: 2012 c.10.

[^f00002]: S.I. 2012/2822.

[^f00003]: The Youth Justice Board for England and Wales is established by section 41 of the Crime and Disorder Act 1998 (c.37).

Editorial notes

[^key-5c2786186ad14490aad126402ef7b74c]: Reg. 1 in force at 1.4.2013, see reg. 1

[^key-2f0fe9342cdcf61c22b68e39f16a68da]: Reg. 2 in force at 1.4.2013, see reg. 1

[^key-b64f1af3ba60714f33d82e6efa213a04]: Reg. 3 in force at 1.4.2013, see reg. 1

[^key-ed4c40e63a63638a99bb112817a915ab]: Reg. 4 in force at 1.4.2013, see reg. 1

[^key-a7ba496f4bfbb33fb1c25e0862ca98e7]: Reg. 5 in force at 1.4.2013, see reg. 1

[^key-ecc9effced273ecfaf7bd009870aae3d]: Words in reg. 3(3)(b)(ii) inserted (1.10.2013) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2013 (S.I. 2013/2243), regs. 1, 2(a)

[^key-a5be1df5495ae17da46bbdc9d59ae74a]: Reg. 3(5) inserted (1.10.2013) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2013 (S.I. 2013/2243), regs. 1, 2(b)

[^key-fbb232dfe4e6a76277c64a0c4feec8fd]: Words in reg. 3(3)(b)(i) inserted (1.4.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014 (S.I. 2014/562), regs. 1, 2(a)

[^key-a28c2f2be361dffd256124bd0f0240f1]: Reg. 3(4) substituted (1.4.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014 (S.I. 2014/562), regs. 1, 2(b)

[^key-322da12482e3b96641be875d7fa3e7cc]: Words in reg. 3(5)(a) inserted (1.4.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014 (S.I. 2014/562), regs. 1, 2(c)(i)

[^key-0e9124f2dd63dee930a7a30a44f1a9cd]: Words in reg. 3(5)(b) inserted (1.4.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014 (S.I. 2014/562), regs. 1, 2(c)(ii)

[^key-00e613bfeaf46beea0dd4120dcd0ab21]: Reg. 3(5)(c) inserted (1.4.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014 (S.I. 2014/562), regs. 1, 2(c)(iii)

[^key-27b163b912bc1ffdc70dc74d37d16ee9]: Reg. 3(6) inserted (1.4.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014 (S.I. 2014/562), regs. 1, 2(d)

[^key-da5bc7b564a68a4c0c62510c39c01c55]: Words in reg. 3(5)(c) inserted (20.5.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/981), regs. 1, 2(a)

[^key-ea19c78b84090c783c82314044411a15]: Reg. 3(5)(d) inserted (20.5.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/981), regs. 1, 2(b)

[^key-7ba035e009c533a222bf2b94787a44e3]: Words in reg. 3(5)(d) inserted (1.12.2014) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 3) Regulations 2014 (S.I. 2014/2931), regs. 1, 2(a)

[^key-17cd95551f13e700aa8b13c6407a47a0]: Reg. 3(4)(b)(c) substituted for reg. 3(4)(b) (1.4.2015) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2015 (S.I. 2015/569), regs. 1, 2(a)

[^key-7295652cc88cb8937a0d1a0cdd33fcf5]: Reg. 3(5)(e)(f) substituted for reg. 3(5)(e) (1.4.2015) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2015 (S.I. 2015/569), regs. 1, 2(b)

[^key-8ad7d38a841fa460a6f608abd5dd0e2f]: Reg. 3(6)(b)(c) substituted for reg. 3(6)(b) (1.4.2015) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2015 (S.I. 2015/569), regs. 1, 2(c)

[^key-6b51229f4c575c32549a2d9f650b1237]: Words in reg. 3(5)(f) inserted (1.4.2016) by The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2016 (S.I. 2016/330), regs. 1, 2(a)