Legislation – Crime and Courts Act 2013

“(7A)

In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—

(a)

considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or

(b)

is unable to identify any place in England and Wales where the child habitually resides.

(7B)

If in a case to which subsection (7)(b) applies—

(a)

the court is not required by subsection (7A) to designate a home authority, but

(b)

it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,

the court is to designate a local authority which it considers appropriate in the circumstances of the case.”

“(7C)

Where a child has been remanded to youth detention accommodation, the court—

(a)

which remanded the child, or

(b)

to which the child was remanded,

may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).

(7D)

Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.

(7E)

Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.

(7F)

Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—

(a)

has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and

(b)

has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).

(7G)

A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.

(7H)

Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.

(7J)

A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.”