The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 2) Regulations 2017

• Citation: S.I. 2017/1147
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 2) Regulations 2017 and come into force on 18th December 2017.

(2) In these Regulations—

“2013 Regulations” means the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013 ;

“applicable amount” has the meaning in regulation 3(3)(b) of the 2013 Regulations.

Section 2 Amendment to the 2013 Regulations

The 2013 Regulations are amended as follows—

(a) in regulation 3(2) (liability for costs of a child being subject to a remand to youth detention accommodation), for “Youth Justice Board for England and Wales” substitute “Secretary of State”;

(b) in regulation 4(1) (payment procedure), for “Youth Justice Board for England and Wales” substitute “Secretary of State”, and

(c) in regulation 5(1) and (2) (enforcement and repayment), in each place, for “Youth Justice Board for England and Wales” substitute “Secretary of State”.

Section 3 Savings and Transitional Arrangements

For the purposes of regulation 3(2) of the 2013 Regulations—

(a) on and from 18th December 2017 to the end of 17th December 2018 the designated authority for the child may pay an applicable amount that it is liable to pay the Youth Justice Board for England and Wales to the Secretary of State; and

(b) on and from 18th December 2018 must pay an applicable amount that it is liable to pay the Youth Justice Board for England and Wales to the Secretary of State.

Section 4 Savings and Transitional Arrangements

For the purposes of regulation 4(1) of the 2013 Regulations—

(a) the Youth Justice Board for England and Wales may continue to issue invoices up until the end of 17th December 2018; and

(b) where an invoice is issued by both the Youth Justice Board for England and Wales and the Secretary of State, the designated authority is liable to pay an applicable amount once, to either of the Youth Justice Board for England and Wales or the Secretary of State.

Section 5 Savings and Transitional Arrangements

For the purposes of regulation 5 of the 2013 Regulations, the Youth Justice Board for England and Wales may recover any amount owed to the Youth Justice Board for England and Wales which a designated authority is liable to pay by virtue of the 2013 Regulations as a civil debt and must repay any amount paid by the designated authority to that designated authority if it has been paid in error.