Northern Ireland (Emergency Provisions) Act 1973

9Remand homes and training schools

(1)Neither an order under section 51(1)(a) of the Children and Young Persons Act (Northern Ireland) 1968 (order for committal of a child or young person to a remand home) nor a training school order within the meaning of that Act shall specify the remand home or training school to which the person to whom it relates is to be sent.

(2)After the said section 51(1) there shall be inserted the following subsection:—

“(1A)An order for committal under subsection (1)(a) shall be authority for the detention of the person to whom it relates in any remand home and the remand home in which he is to be detained at any time shall be determined by the Ministry”.

(3)In section 53(2) of the said Act of 1968 (report as to circumstances of child or young person and as to available training schools) for the word " available ", in the second place where it occurs, there shall be substituted the words " the availability of accommodation at ".

(4)After section 85(1) of that Act (training school orders) there shall be inserted the following subsections:—

“(1A)A training school order shall be authority for the detention of the person to whom it relates in any training school and the school in which he is to be detained at any time shall be determined by the Ministry.

(1B)In the selection of a training school to which a child or young person is to be sent, the Ministry shall have regard of his religious persuasion.

(1C)If the parent, guardian or nearest adult relative of a person in respect of whom a training school order has been made applies to the court for an order under this subsection and proves to the court that the religious persuasion of that person is not as declared under subsection (1)(6) by the training school order, the court shall by order declare the religious persuasion of that person to be that so proved and send a copy of its order to the Ministry; but no such application shall be made with respect to any person later than thirty days after the training school order relating to him was made.

(1D)The court to which an application under subsection (1C) is to be made is—

(a)if the training school order was made by a juvenile court or other court of summary jurisdiction, a juvenile court acting for the same petty sessions district as that court;

(b)in any other case, a juvenile court acting for the petty sessions district in which the applicant resides.”

(5)After section 132(4) of the said Act of 1968 (power to make rules about remand homes) there shall be inserted the following subsections:—

“(4A)Rules under subsection (4) may also make provision whereby a person in custody in a remand home may be temporarily released or may on the ground of his industry and good conduct be granted such remission as may be prescribed by the rules.

(4B)On the discharge of a person from a remand home in pursuance of remission granted under any such rules, the order for his committal to the remand home shall cease to have effect”.