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Children and Young Persons Act 1963

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Changes over time for: Children and Young Persons Act 1963 (Schedules only)

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Version Superseded: 25/08/2000

Status:

Point in time view as at 03/02/1995.

Changes to legislation:

Children and Young Persons Act 1963 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

F1F1SCHEDULE 1E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 17.

Schedule 2E+W CONSTITUTION OF JUVENILE COURTS

Modifications etc. (not altering text)

C1The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W OUTSIDE METROPOLITAN AREA

Juvenile court panelsE+W

1E+WThe following provisions of this Part of this Schedule shall have effect as respects any area outside the metropolitan stipendiary court area and the City of London.

2E+WA justice shall not be qualified to sit as a member of a juvenile court unless he is a member of a juvenile court panel, that is to say, a panel of justices specially qualified to deal with juvenile cases.

3E+WSubject to the following provisions of this Part of this Schedule, a juvenile court panel shall be formed for every petty sessions area.

Combined juvenile court panelsE+W

4E+WA magistrates’ courts committee may make recommendations to the Secretary of State—

(a)for the formation of a combined juvenile court panel for two or more petty sessions areas, or

(b)for the dissolution of any such combined juvenile court panel,

if the committee’s area comprises at least one of the petty sessions areas concerned.

5E+Wlt shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the Secretary of State, to review the functioning of juvenile courts in their area and on completion of the review to submit to the Secretary of State either a report making such recommendations as are mentioned in paragraph 4 of this Schedule or a report giving reasons for making no such recommendations.

6E+WSubject to the provisions of this Schedule—

(a)where a magistrates’ courts committee make such recommendations to the Secretary of State, he may make an order giving effect to them subject to any modifications he thinks fit ; and

(b)where a magistrates’ courts committee fail to comply within six months with a direction of the Secretary of State under the preceding paragraph, or the Secretary of State is dissatisfied with the report submitted in pursuance of such a direction, he may make such order as he thinks fit for the purposes mentioned in paragraph 4 of this Schedule.

Effect of order establishing combined panelE+W

7E+WWhere a combined juvenile court panel is formed for any petty sessions areas any justice who is a member of the panel may exercise in relation to each of the areas any jurisdiction exercisable by him as a member of a juvenile court.

Restrictions on formation of combined panelsE+W

8E+WNo order under this Schedule shall provide for the formation of a combined juvenile court panel for an area which includes—

(a)a county or part of a county and the whole or part of another county ; or

(b)two county boroughs.

9E+WAn order under this Schedule providing for the formation of a combined juvenile court panel for an area which comprises a borough having a separate magistrates’ courts committee shall not be made except with the consent of every magistrates’ courts committee the whole or part of whose area is included in the area for which the combined panel is formed.

Consultations and noticesE+W

10E+WA magistrates’ courts committee, before submitting recommendations for an order under this Schedule, shall consult and, when submitting any such recommendations, shall give notice to—

(a)the justices acting for any petty sessions area concerned which is within the committee’s area (except where the committee’s area is a borough) ; and

(b)any other magistrates’ courts committee the whole or part of whose area is concerned ;

and shall also consult the said justices before commenting on any recommendations on which they are consulted under this paragraph by another magistrates’ courts committee.

11E+WWhere the Secretary of State proposes to make an order under this Schedule in a case where either no recommendations have been made to him or the proposed order departs from the recommendations made to him, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to the justices acting for any petty sessions area concerned.

12E+WWhere notice of recommendations or a copy of a proposed order is required to be sent under the preceding paragraphs to any justices or committee, the Secretary of State shall, before making an order, consider any representations made to him by the justices or committee, or by any juvenile court panel concerned, within one month from the time the notice was given or the copy of the proposed order was sent.

Part IIE+W Metropolitan Area

13E+WThe following provisions of this Part of this Schedule shall have effect as respects the metropolitan stipendiary court area and the City of London (in this Part of this Schedule referred to as the metropolitan area).

14E+WJuvenile courts shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the Secretary of State may by order specify, without prejudice, however, to their jurisdiction’ with respect to the whole area.

15E+WSubject to the following provisions of this Schedule—

(a)each juvenile court shall consist of a chairman and two other members and shall have both a man and a woman among its members ;

(b)the chairman shall be a person nominated by the Secretary of State to act as chairman of juvenile courts for the metropolitan area and shall be either a metropolitan stipendiary magistrate or a justice of the peace for the county of London selected, in such manner as may be provided by an order of the Secretary of State, from a panel of such justices from time to time nominated by him ; and

(c)the other members shall be justices so selected from that panel.

16E+WIf at any time, by reason of illness or other emergency, no person nominated under paragraph 15(b) of this Schedule is available to act as chairman of a juvenile court, any metropolitan stipendiary magistrate or, with the consent of the Secretary of State, any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.

17E+WWhere it appears to the chairman that a juvenile court cannot, without adjournment, be fully constituted, and that an adjournment would not be in the interests of justice, the chairman may sit with one other member (whether a man or a woman) or, if a metropolitan stipendiary magistrate, may sit alone.

18E+WThe Secretary of State, in nominating any persons under this Part of this Schedule, shall have regard to the previous experience of the persons available and their special qualifications for dealing with juvenile cases ; and every such nomination shall be for a specified period and shall be revocable by the Secretary of State.

19E+WThe enactments relating to the provision of land and buildings required for the purposes of metropolitan magistrates’ courts shall extend and be deemed always to have extended to the provision of land and buildings required for the purposes of juvenile courts constituted for the metropolitan area.

Part IIIE+W General

20E+WAn order of the Secretary of State under this Schedule shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

21E+WAny such order may contain supplementary, incidental and consequential provisions.

Section 64.

Schedule 3U.K. Minor and Consequential Amendments

The Principal ActU.K.

1—3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

4E+W+SFor subsection (3) of section 18 there shall be substituted the following subsection:—

(3)Nothing in this section, or in any byelaw made under this section, shall prevent a child from taking part in a performance—

(a)under the authority of a licence granted under this Part of this Act ; or

(b)in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence that section is required for him to take part in the performance.

Modifications etc. (not altering text)

C2The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5E+W+SIn section 23, for the words “public performance” there shall be substituted the words “performance to which section 37 of the Children and Young Persons Act 1963 applies and”.

Modifications etc. (not altering text)

C3The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6(1)In subsection (2) of section 24 for the words “petty sessional court” there shall be substituted the words “local authority”.E+W+S

(2)In subsection (4) of that section for the word “court”, in both places where it occurs, there shall be substituted the word “authority”.

Modifications etc. (not altering text)

C4The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7U.K.In the proviso to section 25(1), for the words “Great Britain and Ireland” there shall he substituted the words “the United Kingdom”.

Modifications etc. (not altering text)

C5The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

9E+W+SIn section 28(1) for the words “an entertainment or performance” there shall be substituted the words “a performance”.

Modifications etc. (not altering text)

C6The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

10E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

F511E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

13E+W+SIn section 53(4), for the words “shall return” there shall be substituted the words “may be arrested without warrant by any constable and taken”; and the words from “and if he fails” to the end of the section shall be omitted.

Modifications etc. (not altering text)

C7The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

14(1)In subsection (1) of section 56, for the words “if it thinks fit” there shall be substituted the words “and, if it is not a juvenile court, shall unless satisfied that it would be undesirable to do so”.

(2)For subsection (2) of that section there shall be substituted the following subsection:—

(2)Where any case is so remitted—

(a)the offender shall have the same right of appeal against any order of the court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission and

(b)any appeal against the finding of guilt shall, if the finding was made by a juvenile or other magistrates’ court, be made to the court of quarter sessions having jurisdiction to hear an appeal under paragraph (a) of this subsection.

Modifications etc. (not altering text)

C8The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

15E+W+SIn section 58, for the words “for the detention of the person to whom it relates” there shall be substituted the words “for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine”.

Modifications etc. (not altering text)

C9The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

16—23.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

24E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

25—27.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

28E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

The principal Scottish ActE+W+S

29(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S

(2)For subsection (3) of that section there shall be substituted the following subsection:—

(3)Nothing in this section or in any byelaw made under this section shall prevent a child from taking part in a performance—

(a)under the authority of a licence granted under this Part of this Act ; or

(b)in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.

Textual Amendments

Modifications etc. (not altering text)

C10The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

30E+W+SIn section 33, for the words “public performance” there shall be substituted the words “performance to which section 37 of the Children and Young Persons Act 1963 applies and”.

Modifications etc. (not altering text)

C11The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

31E+W+SIn section 36(1), for the words “an entertainment or performance” there shall be substituted the words “a performance”.

Modifications etc. (not altering text)

C12The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

32E+W+SIn section 38(3), for the words “The said provisions” there shall be substituted the words “The provisions of this Part of this Act relating to employment”.

Modifications etc. (not altering text)

C13The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

33—36.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

37E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

The Children Act 1948E+W+S

38E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

39E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

40E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

41E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

42 F18E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Sch. 3 paras. 42, 43 and 45 repealed (5.11.1993) by 1993 (c. 50), s. 1(1), Sch. 1 Pt. VIII

43 F19E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 3 paras. 42, 43 and 45 repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch. 1 Pt. VIII

44E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

The Criminal Justice (Scotland) Act 1949E+W+S

F2145E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Sch. 3 paras. 42, 43 and 45 repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch. 1 Pt. VIII

46E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

47E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

48, 49.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

the Criminal Justice Act 1961U.K.

50(1)In subsection (1) of section 29, after the words “or remand home” there shall be inserted the words “special reception centre or other place of safety”.U.K.

(2)In subsection (2) of that section, after the words “taken back to the prison or other institution” there shall be added the words “or place”.

(3)At the end of the section there shall be added the following subsection:—

(3)In this section “special reception centre” has the same meaning as in the Children and Young Persons Act 1933 and “place of safety” has—

(a)in relation to England and Wales, the same meaning as in that Act ; and

(b)in relation to Scotland, the same meaning as in the Children and Young Persons (Scotland) Act 1937; and

(c)in relation to Northern Ireland, the same meaning as in the Children and Young Persons Act (Northern Ireland) 1950.

Modifications etc. (not altering text)

C14The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

51E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

F26F26SCHEDULE 4E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27F27SCHEDULE 5U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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