- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/06/1999)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 27/09/1999
Point in time view as at 01/06/1999. This version of this Act contains provisions that are not valid for this point in time.
Children and Young Persons Act 1969 is up to date with all changes known to be in force on or before 16 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F2Ss. 1-3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F3Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras, 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F4Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Prospective
Textual Amendments
F5S. 4 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 72, 101(2), Sch 13; S.I. 1992/333, art. 2(2), Sch.2
F6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.
(9)In this section—
“the appropriate local authority”, in relation to a young person, means the local authority for the area in which it appears to the informant in question that the young person resides or, if the young person appears to the informant not to reside in the area of a local authority, the local authority in whose area it is alleged that the relevant offence or one of the relevant offences was committed; and
F7. . .
and F7. . .; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.
Textual Amendments
F6S. 5(1)-(7) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 72, 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2
F7Definitions in s. 5(9) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 72, 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2
Textual Amendments
F8S. 6 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
(5)An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.
X1(6)Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.
(7)Subject F12. . . to the enactments requiring cases to be remitted to [F13youth courts] and to section 53(1) of the Act of 1933 (which provides for detention for certain crimes), where a child F14. . . or a young person is found guilty of any offence by or before any court, that court or the court to which his case is remitted shall have power— F15
(a). . .
(b)to make a supervision order in respect of him; or
F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and, if it makes such an order as is mentioned in this subsection while another such order made by any court is in force in respect of the child or young person, shall also have power to discharge the earlier order; F17. . .
F18(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(7C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Without prejudice to the power to remit any case to a [F13youth court] which is conferred on a magistrates’ court other than a [F13youth court] by section 56(1) of the Act of 1933, in a case where such a magistrates’ court finds a [F20child or young person guilty of an offence] it shall be the duty of the court to exercise that power unless the court [F21is of the opinion that the case is one which can properly be dealt with by means of—
(a)an order discharging him absolutely or conditionally; or
(b)an order for the payment of a fine; or
(c)an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,
with or without any other order that the court has power to make when absolutely or conditionally discharging an offender.]
[F22(9)The reference in subsection (8) above to a person’s parent shall be construed in accordance with section 1 of the M1Family Law Reform Act 1987 (and not in accordance with section 70(1A) of this Act).]
Editorial Information
X1The text of s. 7(6) 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.
Textual Amendments
F9S. 7(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F12Words in s. 7(7) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F13Words in s. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11, para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2
F14Words in s. 7(7) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F15S. 7(7)(a) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4), 36(3)(a)); S.I. 1991/828, art. 3(2)
F16S. 7(7)(c) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F17Words in s. 7(7) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F18S. 7(7A) (which was inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 23(b)) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F19S. 7(7B)(7C) (which were inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s.108(4)(6), Sch. 12 para. 21 (with Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F20Words in s. 7(8) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.16; S.I. 1998/2327, art.2(1)(y)(2)(g)
F21Words substituted by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 5
F22S. 7(9) added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para.3; S.I. 1998/2327, art.2(1)(w)
Modifications etc. (not altering text)
C131.12.1970 specified for purposes of s. 7(5) by S.I. 1970/1499, art. 2
Marginal Citations
Textual Amendments
F23S. 7A repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F24S. 8 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 72, 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2
(1)Where a local authority or a local education authority bring F25. . . proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.
(2)If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.
Textual Amendments
F25Words in s. 9(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F26(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
Textual Amendments
F26S. 10(1)(2) repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch.1 Appendix C
Any provision of this Act authorising a court to make a supervision order in respect of any person shall be construed as authorising the court to make an order placing him under the supervision of
[F28(a)a local authority designated by the order;
(b)a probation officer; or
(c)a member of a youth offending team,]
; and in this Act “supervision order” shall be construed accordingly and “supervised person” and “supervisor”, in relation to a supervision order, mean respectively the person placed or to be placed under supervision by the order and the person under whose supervision he is placed or to be placed by the order.
Textual Amendments
F28Words in s. 11 substituted (30.9.1998 for specified areas and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para.17; S.I. 1998/2327, art. 3(1)(b), Sch.1; S.I. 2000/924, art. 2(c)
Modifications etc. (not altering text)
C2S. 11 extended (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 189(4)
C3S. 11: (definition of "supervision order" and "supervisor") applied (31.10.1991) by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 3 para. 3(5) (as substituted (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 94(2)(c); S.I. 1991/2208, art. 2(4), Sch. 3).
Textual Amendments
F29S. 11A (which was inserted by Children Act 1975 (c. 72, SIF 49:9), Sch. 3 para. 68) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
(1)A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.
(2)Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—
(a)to live at a place or places specified in the directions for a period or periods so specified;
(b)to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;
(c)to participate in activities specified in the directions on a day or days so specified;
but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.
(3)The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.
[F31(4)Directions given by the supervisor by virtue of subsection (2)(b) or (c) above shall, as far as practicable, be such as to avoid—
(a)any conflict with the offender’s religious beliefs or with the requirements of any other community order (within the meaning of Part I of the M2Criminal Justice Act 1991) to which he may be subject; and
(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.]]
Textual Amendments
F30Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I
F31S. 12(4) added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para.4; S.I. 1998/2327, art.2(1)(w)
Marginal Citations
[F33(1)This subsection applies to any supervision order made under section 7(7) of this Act unless it requires the supervised person to comply with directions given by the supervisor under section 12(2) of this Act.]
(3)Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—
(a)to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;
(b)to remain for specified periods between 6 p.m. and 6 a.m.—
(i)at a place specified in the order; or
(ii)at one of several places so specified;
(c)to refrain from participating in activities specified in the order—
(i)on a specified day or days during the period for which the supervision order is in force; or
(ii)during the whole of that period or a specified portion of it.
(4)Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.
(5)The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90.
(6)The court may not include requirements under subsection (3) above in a supervision order unless—
(a)it has first consulted the supervisor as to—
(i)the offender’s circumstances; and
(ii)the feasibility of securing compliance with the requirements,
and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;
(b)having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and
[F34(c)if the supervised person is under the age of sixteen, it has obtained and considered information about his family circumstances and the likely effect of the requirements on those circumstances.]
(7)The court shall not include in such an order by virtue of subsection (3) above—
(a)any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or
(b)any requirement requiring the supervised person to reside with a specified individual; or
(c)any such requirement as is mentioned in section 12B(1) of this Act.
(8)The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction”) shall be the place where the supervised person lives.
(9)A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.
(10)A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.
(11)A night restriction shall not be imposed in respect of more than 30 days in all.
(12)A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—
(a)by his parent or guardian;
(b)by his supervisor; or
(c)by some other person specified in the supervision order.
(13)A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.]
Textual Amendments
F32Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I
F33S. 12A(1) substituted (14.10.1991) for subsections (1) and (2) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 22 ,(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F34S. 12A(6)(c) substituted (1.10.1997) by 1997 c. 43, s. 38(1); S.I. 1997/2200, art. 2(1)(f) (with transitional savings in art. 5(1)(a))
(1)Where the conditions mentioned in subsection (6) of this section are satisfied, a supervision order may impose a requirement (“a residence requirement”) that a child or young person shall live for a specified period in local authority accommodation.
(2)A residence requirement shall designate the local authority who are to receive the child or young person and that authority shall be the authority in whose area the child or young person resides.
(3)The court shall not impose a residence requirement without first consulting the designated authority.
(4)A residence requirement may stipulate that the child or young person shall not live with a named person.
(5)The maximum period which may be specified in a residence requirement is six months.
(6)The conditions are that—
(a)a supervision order has previously been made in respect of the child or young person;
[F36(b)that order imposed—
(i)a requirement under section 12, 12A or 12C of this Act; or
(ii)a residence requirement;
(c)he fails to comply with that requirement, or is found guilty of an offence committed while that order was in force; and
(d)the court is satisfied that—
(i)the failure to comply with the requirement, or the behaviour which constituted the offence, was due to a significant extent to the circumstances in which he was living; and
(ii)the imposition of a residence requirement will assist in his rehabilitation;]
except that [F37sub-paragraph (i) of paragraph (d)] of this subsection does not apply where the condition in paragraph (b)(ii) is satisfied.
F38(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)A court shall not include a residence requirement in respect of a child or young person who is not legally represented at the relevant time in that court unless—
(a)he has applied for legal aid for the purposes of the proceedings and the application was refused on the ground that it did not appear that his resources were such that he required assistance; or
(b)he has been informed of his right to apply for legal aid for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.
(10)In subsection (9) of this section—
(a)“the relevant time” means the time when the court is considering whether or not to impose the requirement; and
(b)“the proceedings” means—
(i)the whole proceedings; or
(ii)the part of the proceedings relating to the imposition of the requirement.
(11)A supervision order imposing a residence requirement may also impose any of the requirements mentioned in sections 12, 12A, 12B or 12C of this Act.
F38(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F35S. 12AA inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 23, (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F36S. 12AA(6)(b)(c)(d) substituted (1.4.1999) by 1998 c. 37, s. 71(4); S.I. 1998/3263, art. 5(e).
F37Words in s. 12AA(6) substituted (1.4.1999) by 1998 c. 37, s. 71(4); S.I. 1998/3263, art. 5(e).
F38S. 12AA(7)(8)(12) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
(1)Where a court which proposes to make a supervision order is satisfied, on the evidence of a [F40registered medical practitioner] approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant [F40the making of a hospital order or guardianship order within the meaning] of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—
(a)treatment by or under the direction of a [F41registered medical practitioner] specified in the order;
[F42(aa)treatment by or under the direction of a chartered psychologist specified in the order;]
(b)treatment as a non-resident patient at [F43an institution or place] specified in the order; or
(c)treatment as a resident patient in a hospital or mental nursing home within the meaning of [F44the Mental Health Act 1983], but not a special hospital within the meaning of that Act.
[F45(1A)In subsection (1) of this section “registered medical practitioner” means a fully registered person within the meaning of the M3Medical Act 1983 and “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.]
(2)A requirement shall not be included in a supervision order in pursuance of subsection (1) above—
(a)in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;
(b)in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;
and a requirement so included shall not in any case continue in force after the supervised person becomes 18.
[F46(3)Subsections (2) and (3) of section 54 of the M4Mental Health Act 1983 shall have effect with respect to proof for the purposes of subsection (1) above of a supervised person’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.]]
Textual Amendments
F39Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I
F40Words in s. 12B(1) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 5(1)(a)(b); S.I. 1998/2327, art.2(1)(w)
F41Words in s. 12B(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 5(1)(c); S.I. 1998/2327, art.2(1)(w)
F42S. 12B(1)(aa) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 5(1)(d); S.I. 1998/2327, art.2(1)(w)
F43Words in s. 12B(1)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 5(1)(e); S.I. 1998/2327, art.2(1)(w)
F44Words in s. 12B(1)(c) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 5(1)(f); S.I. 1998/2327, art.2(1)(w)
F45S. 12B(1A) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 5(2); S.I. 1998/2327, art.2(1)(w).
F46S. 12B(3) added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 5(3); S.I. 1998/2327, art.2(1)(w).
Marginal Citations
(1)Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.
(2)The Court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.
(3)Expressions used in subsection (1) above and in [F48the M5Education Act 1996] have the same meaning there as in that Act.
(4)The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.]
Textual Amendments
F47Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I
F48Words in s. 12C(3) substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para.15 (with ss. 1(4), 561, 562, Sch. 39)
Marginal Citations
M51996 C. 56.
Textual Amendments
F49S. 12D repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 18, Sch.10; S.I. 1998/2327, art.2(1)(y)(aa)(2)(h)(3)(k)
(1)A court shall not designate a local authority as the supervisor by a provision of a supervision order unless the authority agree or it appears to the court that the supervised person resides or will reside in the area of the authority.
F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where a provision of a supervision order places a person under the supervision of a probation officer, the supervisor shall be a probation officer appointed for or assigned to the petty sessions area named in the order in pursuance of section 18(2)(a) of this Act and selected under arrangements [F51made under section 4(1)(d) of the Probation Service Act 1993 (arrangements made by probation committee)]
[F52(4)Where a provision of a supervision order places a person under the supervision of a member of a youth offending team, the supervisor shall be a member of a team established by the local authority within whose area it appears to the court that the supervised person resides or will reside.]
Textual Amendments
F50S. 13(2) repealed (30.9.1998) by 1998 c. 37, ss. 71(5), 120(2), Sch. 10; S.I. 1998/2327, art.2(1)(p)(aa)(3)(k).
F51Words in s. 13(3) substituted (5.2.1994) by virtue of 1993 c. 47, ss. 32, 33, Sch. 3 para. 3(2).
F52S. 13(4) inserted (30.9.1998 for specified areas and otherwise 1.4.2000) by 1998 c. 37, s. 119, 121(2), Sch. 8 para.19; S.I. 1998/2327, art. 3(1)(b), Sch.1; S.I. 2000/924, art. 2(c)
While a supervision order is in force it shall be the duty of the supervisor to advise, assist and befriend the supervised person.
Textual Amendments
F53S. 14A (which was inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 11) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
(1)If while a supervision order is in force in respect of a supervised person it appears to a relevant court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it—
(a)by cancelling any requirement included in it in pursuance of section 12, 12A, 12AA, 12B, 12C or 18(2)(b) of this Act; or
(b)by inserting in it (either in addition to or in substitution for any of its provisions) any provision which could have been included in the order if the court had then had power to make it and were exercising the power.
(2)The powers of variation conferred by subsection (1) above do not include power—
(a)to insert in the supervision order, after the expiration of three months beginning with the date when the order was originally made, a requirement in pursuance of section 12B(1) of this Act, unless it is in substitution for such a requirement already included in the order; or
(b)to insert in the supervision order a requirement in pursuance of section 12A(3)(b) of this Act in respect of any day which falls outside the period of three months beginning with the date when the order was originally made.
(3)If while a supervision order made under section 7(7) of this Act is in force in respect of a person it is proved to the satisfaction of a relevant court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A, 12AA, 12C or 18(2)(b) of this Act, the court—
[F55(a)whether or not it also makes an order under subsection (1) above, may order him to pay a fine of an amount not exceeding £1,000, or make in respect of him—
(i)subject to section 16A(1) of this Act, an order under section 17 of the M6Criminal Justice Act 1982 (attendance centre orders); or
(ii)subject to section 16B of this Act, an order under section 12 of the M7Criminal Justice Act 1991 (curfew orders);
(b)if the supervision order was made by a relevant court, may discharge the order and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or
(c)if the order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court.]]
[F56(4)Where a court deals with a supervised person under subsection (3)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving—
(a)particulars of the supervised person’s failure to comply with the requirement in question; and
(b)such other particulars of the case as may be desirable;
and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.
(5)Where—
(a)by virtue of subsection (3)(c) above the supervised person is brought or appears before the Crown Court; and
(b)it is proved to the satisfaction of the court that he has failed to comply with the requirement in question,
that court may deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.
(6)Where the Crown Court deals with a supervised person under subsection (5) above, it shall discharge the supervision order if it is still in force.]
[F57(7)A fine imposed under subsection (3) [F58or (5)]] above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(8)In dealing with a supervised person under subsection (3) [F58or (5)] above, the court shall take into account the extent to which that person has complied with the requirements of the supervision order.
(9)If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of section 12B(1) of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion—
(a)that the treatment should be continued beyond the period specified in that behalf in the order; or
(b)that the supervised person needs different treatment; or
(c)that he is not susceptible to treatment; or
(d)that he does not require further treatment,
the practitioner shall make a report in writing to that effect to the supervisor.
(10)On receiving a report under subsection (9) above, the supervisor shall refer it to a relevant court; and on such a reference, the court may make an order cancelling or varying the requirement.
(11)In this section “relevant court” means—
(a)in the case of a supervised person who has not attained the age of eighteen, a youth court;
(b)in the case of a supervised person who has attained that age, a magistrates’ court other than a youth court.
(12)The provisions of this section shall have effect subject to the provisions of section 16 of this Act.
Textual Amendments
F54S. 15 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), ss. 66, 101(1), Sch. 7, Sch. 12 para. 20; S.I. 1992/333, art. 2(2), Sch. 2
F55S. 15(3)(a)(b)(c) substituted (30.9.1998) for s. 15(3)(a)(b) by 1998 c. 37, s. 72(1); S.I. 1998/2327, art.2(1)(q)
F56S. 15(4)(5)(6) substituted (30.9.1998) by 1998 c. 37, s. 72(2); S.I. 1998/2327, art.2(1)(q)
F57S. 15(7) substituted (20.9.1993) by 1993 c. 36, ss. 65(3), Sch. 3 para. 6(1); S.I. 1993/1968, art. 2(2), Sch. 2.
F58Words in s. 15(7)(8) substituted (30.9.1998) by 1998 c. 37, s. 72(3); S.I. 1998/2327, art.2(1)(q)
Modifications etc. (not altering text)
C4S. 15 modified (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 20(1); S.I. 1992/333, art. 2(2), Sch. 2
Marginal Citations
(1)Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.
(2)Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but [F59subsections (3) and (4) of section 55 of the M8Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the word “cannot be served or”.
(3)Where the supervised person is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court referred to in that subsection, the person in whose custody he is—
(a)may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and
(b)shall within that period, unless within it the [F60supervised person] is brought before the court aforesaid, bring him before a justice;
F61. . .
[F62(3A)Where a supervised person is brought before a justice under subsection (3) of this section, the justice may—
(a)direct that he be released forthwith; or
(b)subject to subsection (3C) of this section, remand him to local authority accommodation.
(3B)A justice who remands a person to local authority accommodation shall designate, as the authority who are to receive him, the authority named in the supervision order in respect of which the application or reference is being made.
(3C)Where the supervised person has attained the age of eighteen at the time when he is brought before the justice, he shall not be remanded to local authority accommodation but may instead be remanded—
(a)to a remand centre, if the justice has been notified that such a centre is available for the reception of persons under this subsection; or
(b)to a prison, if he has not been so notified.]
[F63(4)Where an application is made to [F64a youth court] under section 15(1) of this Act, the court may remand (or further remand) the supervised person to local authority accommodation if—
(a)a warrant has been issued under subsection (2) of this section for the purpose of securing the attendance of the supervised person before the court; or
(b)the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under section 15(1).]
(5)A court may make an order under the preceding section in the absence of the supervised person if the effect of the order is confined to one or more of the following, that is to say—
(a)discharging the supervision order;
(b)cancelling a provision included in the supervision order in pursuance of section 12 [F65, 12A, [F6612AA], 12B or 12C] or section 18(2)(b) of this Act;
(c)reducing the duration of the supervision order or any provision included in it in pursuance of the said section 12 [F65, 12A, [F6612AA], 12B or 12C];
(d)altering in the supervision order the name of any area;
(e)changing the supervisor.
(6)A [F67youth court] shall not—
(a)exercise its powers under subsection (1) of the preceding section to make F68. . . an order discharging a supervision order or inserting in it a requirement authorised by section 12 [F69, 12A, [F7012AA] 12B or 12C] of this Act or varying or cancelling such a requirement except in a case where the court is satisfied that the supervised person either is unlikely to receive the care or control he needs unless the court makes the order or is likely to receive it notwithstanding the order;
(b)exercise its powers to make an order under [F71subsection (10)] of the preceding section except in such a case as is mentioned in paragraph (a) of this subsection;
(c)exercise its powers under the said subsection (1) to make an order inserting a requirement authorised by [F72section 12B(1)] of this Act in a supervision order which does not already contain such a requirement unless the court is satisfied as mentioned in the said [F72section 12B(1)] on such evidence as is there mentioned.
(7)Where the supervised person has attained the age of fourteen, then except with his consent a court shall not make an order under the preceding section containing provisions which insert in the supervision order a requirement authorised by [F72section 12B(1)] of this Act or which alter such a requirement already included in the supervision order otherwise than by removing it or reducing its duration.
(8)The supervised person F73. . . may appeal to [F74the Crown court] against—
(a)any order made under the preceding section [F75by a relevant court (within the meaning of that section)], except an order made or which could have been made in the absence of the supervised person and an order containing only provisons to which he consented in pursuance of the preceding subsection;
(b)the dismissal of an application under that section to discharge a supervision order.
(9)Where an application under the preceding section for the discharge of a supervision order is dismissed, no further application for its discharge shall be made under that section by any person during the period of three months beginning with the date of the dismissal except with the consent of a court having jurisdiction to entertain such an application.
F76(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)In this and the preceding section references to a [F67youth court] or any other magistrates’ court, in relation to a supervision order, are references to such a court acting for the petty sessions area for the time being named in the order in pursuance of section 18(2)(a) of this Act; and if while an application to a [F67youth court] in pursuance of the preceding section is pending the supervised person to whom it relates attains the age of F77. . . eighteen, the court shall deal with the application as if he had not attained the age in question.
Textual Amendments
F59Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 81
F60Words in s. 16(3)(b) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 4(2)(a); S.I. 1991/1883, art. 3, Sch.
F61Words in s. 16(3) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(1), Sch. 16 para. 4(2)(b), Sch. 20, S.I. 1991/1883, art. 3, Sch.
F62S. 16(3A)–(3C) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para 4(3); S.I. 1991/1883, art. 3, Sch.
F63S. 16(4) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 4(4); S.I. 1991/1883, art. 3, Sch.
F64Words in s. 16(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 7(1); S.I. 1992/333, art. 2(2), Sch. 2
F65Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II
F66Words in s. 16(5)(b)(c) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para 25(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2) and by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 4(5); S.I. 1991/1883, art. 3, Sch.
F67Words in s. 16(6)(11) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2
F68Words in s. 16(6)(a) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch.14 para. 27(4)); S.I. 1991/828, art. 3(2)
F69Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II
F70Words in s. 16(6)(a) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 25(3) (with Sch. 14 para. 1(1)): S.I. 1991/828, art. 3(2) and by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 4(5); S.I. 1991/1883, art. 3, Sch.
F71Words in s. 16(6)(b) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 7(2); S.I. 1992/333, art. 2(2), Sch. 2
F72References to “section 12B(1)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II
F73Words in s. 16(8) inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), s. 2(2), 6 and repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 para. 27(4), Sch. 15; S.I. 1991/828, art. 3(2)
F74Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I
F75Words in s. 16(8) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 20(1); S.I. 1998/2327, art.2(1)(y)(2)(i)
F76S. 16(10) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 20(2), Sch.10; S.I. 1998/2327, art.2(1)(y)(aa)(2)(i)(3)(k)
F77Words in s. 16(11) repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2) Sch. 7 para. 6, Sch.10; S.I. 1998/2327, art.2(1)(w)(aa)(3)(k)
Marginal Citations
M81980 c. 43(82).
[F7816A(1)The provisions of section 17 of the Criminal Justice Act 1982 (attendance centre orders) shall apply for the purposes of [F79section 15(3)(a)] of this Act but as if—
(a)in subsection (1), for the words from “has power” to “probation order” there were substituted the words “considers it appropriate to make an attendance centre order in respect of any person in pursuance of [F80section 15(3)(a)] of the Children and Young Persons Act 1969”;
(b)for references to an offender there were substituted references to a supervised person; and
(c)subsection (13) were omitted.
(2)Sections 18 and 19 of the Criminal Justice Act 1982 (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of [F81section 15(3)(a) of this Act] but as if—
(a)for the references to an offender there were substituted references to the person in respect of whom the attendance centre order has been made; and
(b)there were omitted—
(i)from [F82subsection (4A) of section 18 and] subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”; and
(ii)from [F83subsection (4B) of section 18 and subsection (6) of section 19], the words “for an offence”]
Textual Amendments
F79Words in s. 16A(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 8(1); S.I. 1992/333, art. 2(2), Sch. 2
F80Words in s. 16A(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 7(1); S.I. 1998/2327, art.2(1)(w)
F81Words in s. 16A(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 8(2); S.I. 1992/333, art. 2(2), Sch. 2
F82Words in s. 16A(2)(b)(i) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 7(2)(a); S.I. 1998/2327, art.2(1)(w)
F83Words in s. 16A(2)(b)(ii) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 7(2)(b); S.I. 1998/2327, art.2(1)(w)
(1)The provisions of section 12 of the Criminal Justice Act 1991 (curfew orders) shall apply for the purposes of section 15(3)(a) of this Act but as if—
(a)in subsection (1), for the words from the beginning to “before which he is convicted” there were substituted the words “Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of section 15(3)(a) of the Children and Young Persons Act 1969, the court”; and
(b)in subsection (8), for the words “on conviction” there were substituted the words “on the date on which his failure to comply with a requirement included in the supervision order was proved to the court”.
(2)Schedule 2 to the M9Criminal Justice Act 1991 (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that section but as if—
(a)the power conferred on the magistrates’ court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;
(b)the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;
(c)the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and
(d)the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court (if that order was made by a magistrates’ court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.
(3)For the purposes of the provisions mentioned in subsection (2)(a) and (d) above, as applied by that subsection, if the supervision order is no longer in force the relevant court’s powers shall be determined on the assumption that it is still in force.
(4)In this section “relevant court” has the same meaning as in section 15 above.]
Textual Amendments
F84S. 16B inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.21; S.I. 1998/2327, art.2(1)(y)(2)(i).
Marginal Citations
A supervision order shall, unless it has previously been discharged, cease to have effect—
(a)in any case, on the expiration of the period of three years, or such shorter period as may be specified in the order, beginning with the date on which the order was originally made;
F85(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F85S. 17(b) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F86S. 17(c) (added by Child Abduction and Custody Act 1985 (c. 60, SIF 20), s. 25(3)) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C5S. 17(a) restricted (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(5)(b), 390(5)(b)
(1)A court shall not make a supervision order unless it is satisfied that the supervised person resides or will reside in the area of a local authority; and a court shall be entitled to be satisfied that the supervised person will so reside if he is to be required so to reside by a provision to be included in the order in pursuance of section 12(1) of this Act.
(2)A supervision order—
(a)shall name the area of the local authority and the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this paragraph, that the supervised person resides or will reside; and
(b)may contain such prescribed provisions as the court aforesaid considers appropriate for facilitating the performance by the supervisor of his functions under section 14 of this Act, including any prescribed provisions for requiring visits to be made by the supervised person to the supervisor,
and in paragraph (b) of this subsection “prescribed” means prescribed by rules under [F87section 144 of the M10Magistrates’ Courts Act 1980].
(3)A court which makes a supervision order or an order varying or discharging a supervision order shall forthwith send a copy of its order—
(a)to the supervised person and, if the supervised person is a child, to his parent or guardian; and
(b)to the supervisor and any person who has ceased to be the supervisor by virtue of the order; and
(c)to any local authority who is not entitled by virtue of the preceding paragraph to such a copy and whose area is named in the supervision order in pursuance of the preceding subsection or has ceased to be so named by virtue of the court’s order; and
(d)where the supervised person is required by the order, or was required by the supervision order before it was varied or discharged, to reside with an individual or to undergo treatment by or under the direction of an individual or at any place, to the individual or the person in charge of that place; and
(e)where a petty sessions area named in the order or discharged order in pursuance of subsection (2) of this section is not that for which the court acts, to the clerk to the justices for the petty sessions area so named;
and, in a case falling within paragraph (e) of this subsection, shall also send to the clerk to the justices in question such documents and information relating to the case as the court considers likely to be of assistance to them.
[F88(4)Where a supervision order—
(a)requires compliance with directions given by virtue of section 12(2) of this Act; or
(b)includes by virtue of [F89section 12A(3)] of this Act a requirement which involves the use of facilities for the time being specified in a scheme in force under section 19 of this Act for an area in which the supervised person resides or will reside,
any expenditure incurred by the supervisor for the purposes of the directions or requirements shall be defrayed by the local authority whose area is named in the order in pursuance of subsection (2) of this section.]
Textual Amendments
F87Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 82
F88S. 18(4) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 20(2)
F89Reference to “section 12A(3)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II
Marginal Citations
M101980 c. 43(82).
(1)It shall be the duty of a local authority, acting either individually or in association with other local authorities, to make arrangements with such persons as appear to them to be appropriate, for the provision by those persons of facilities for enabling—
(a)directions given by virtue of section 12(2) of this Act to persons resident in their area; and
(b)requirements that may only be included in a supervision order by virtue of [F91section 12A(3)] of this Act if they are for the time being specified in a scheme,
to be carried out effectively.
(2)The authority or authorities making any arrangements in accordance with subsection (1) of this section shall consult each relevant probation committee as to the arrangements.
(3)Any such arrangements shall be specified in a scheme made by the authority or authorities making them.
(4)A scheme shall come into force on a date to be specified in it.
(5)The authority or authorities making a scheme shall send copies of it to the clerk to the justices for each petty sessions area of which any part is included in the area to which the scheme relates.
(6)A copy of a scheme shall be kept available at the principal office of every authority who are a party to it for inspection by members of the public at all reasonable hours, and any such authority shall on demand by any person furnish him with a copy of the scheme free of charge.
(7)The authority or authorities who made a scheme may at any time make a further scheme altering the arrangements or specifying arrangements to be substituted for those previously specified.
(8)A scheme which specifies arrangements to be substituted for those specified in a previous scheme shall revoke the previous scheme.
(9)The powers conferred by subsection (7) of this section shall not be exercisable by an authority or authorities unless they have first consulted each relevant probation committee.
(10)The authority or authorities who made a scheme shall send to the clerk to the justices for each petty sessions area of which any part is included in the area for which arrangements under this section have been specified in the scheme notice of any exercise of a power conferred by subsection (7) of this section, specifying the date for the coming into force, and giving details of the effect, of the new or altered arrangements, and the new or altered arrangements shall come into force on that date.
(11)Arrangements shall not be made under this section for the provision of any facilities unless the facilities are approved or are of a kind approved by the Secretary of State for the purposes of this section.
(12)A supervision order shall not require compliance with directions given by virtue of section 12(2) of this Act unless the court making it is satisfied that a scheme under this section is in force for the area where the supervised person resides or will reside; and no such directions may involve the use of facilities which are not for the time being specified in a scheme in force under this section for that area.
(13)Subject to subsection (14) of this section, a supervision order may not include by virtue of [F91subsection 12A(3)] of this Act—
(a)any requirement that would involve the supervised person in absence from home—
(i)for more than 2 consecutive nights; or
(ii)for more than 2 nights in any one week; or
(b) if the supervised person is of compulsory school age, any requirement to participate in activities during normal school hours,
unless the court making the order is satisfied that the facilities whose use would be involved are for the time being specified in a scheme in force under this section for the area in which the supervised person resides or will reside.
(14)Subsection (13)(b) of this section does not apply to activities carried out in accordance with arrangements made or approved by the local education authority in whose area the supervised person resides or will reside.
(15)It shall be the duty of every local authority to ensure that a scheme made by them in accordance with this section, either individually or in association with any other local authority, comes into force for their area not later than 30th April 1983 or such later date as the Secretary of State may allow.
(16)In this section “relevant probation committee” means a probation committee for an area of which any part is included in the area to which a scheme under this section relates.
(17)Expressions used in this section and in [F92the M11Education Act 1996] have the same meanings in this section as in that Act.]
Textual Amendments
F90S. 19 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 21(1)
F91Reference to “section 12A(3)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II
F92Words in s. 19(17) substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 16 (with ss. 1(4), 561, 562, Sch. 39)
Marginal Citations
Textual Amendments
F93Ss. 20–22 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F94S. 20A (inserted) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 22) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F95Ss. 20–22 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F96S. 21A repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F97Ss. 20–22 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 para. 27(4), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
(1)Where—
(a)a court remands a child or young person charged with or convicted of one or more offences or commits him for trial or sentence; and
(b)he is not released on bail,
the remand or committal shall be to local authority accommodation; and in the following provisions of this section, any reference (however expressed) to a remand shall be construed as including a reference to a committal.
(2)A court remanding a person to local authority accommodation shall designate the local authority who are to receive him; and that authority shall be—
(a)in the case of a person who is being looked after by a local authority, that authority; and
(b)in any other case, the local authority in whose area it appears to the court that he resides or the offence or one of the offences was committed.
(3)Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him.
(4)[F99Subject to subsections (5) and (5A) below,]] a court remanding a person to local authority accommodation may, after consultation with the designated authority, require that authority to comply with a security requirement, that is to say, a requirement that the person in question be placed and kept in secure accommodation.
(5)A court shall not impose a security requirement except in respect of [F100a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description], and then only if—
(a)he is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b)he has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,
and (in either case) the court is of opinion that only such a requirement would be adequate to protect the public from serious harm from him.
[F101(5A)A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless—
(a)he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
(b)having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.]
(6)Where a court imposes a security requirement in respect of a person, it shall be its duty—
(a)to state in open court that it is of such opinion as is mentioned in subsection (5) above; and
(b)to explain to him in open court and in ordinary language why it is of that opinion;
and a magistrates’ court shall cause a reason stated by it under paragraph (b) above to be specified in the warrant of commitment and to be entered in the register.
(7)A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, require that person to comply with any such conditions as could be imposed under section 3(6) of the Bail Act 1976 if he were then being granted bail.
(8)Where a court imposes on a person any such conditions as are mentioned in subsection (7) above, it shall be its duty to explain to him in open court and in ordinary language why it is imposing those conditions; and a magistrates’ court shall cause a reason stated by it under this subsection to be specified in the warrant of commitment and to be entered in the register.
(9)A court remanding a person to local authority accommodation without imposing a security requirement may, after consultation with the designated authority, impose on that authority requirements—
(a)for securing compliance with any conditions imposed on that person under subsection (7) above; or
(b)stipulating that he shall not be placed with a named person.
(10)Where a person is remanded to local authority accommodation, a relevant court—
(a)may, on the application of the designated authority, impose on that person any such conditions as could be imposed under subsection (7) above if the court were then remanding him to such accommodation; and
(b)where it does so, may impose on that authority any requirements for securing compliance with the conditions so imposed.
(11)Where a person is remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that person, vary or revoke any conditions or requirements imposed under subsection (7), (9) or (10) above.
(12)In this section—
“court” and “magistrates” court’ include a justice;
“imprisonable offence” means an offence punishable in the case of an adult with imprisonment;
[F102“prescribed description” means a description prescribed by reference to age or sex or both by an order of the Secretary of State;]
“relevant court”, in relation to a person remanded to local authority accommodation, means the court by which he was so remanded, or any magistrates’ court having jurisdiction in the place where he is for the time being;
“secure accommodation” means accommodation which is provided in a community home [F103, a voluntary home or a registered children’s home] for the purpose of restricting liberty, and is approved for that purpose by the Secretary of State;
“sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;
“young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.
[F103but, for the purposes of the definition of “secure accommodation”, “local authority accommodation” includes any accommodation falling within section 61(2) of the M12Criminal Justice Act 1991.]
(13)In this section—
(a)any reference to a person who is being looked after by a local authority shall be construed in accordance with section 22 of the Children Act 1989;
(b)any reference to consultation shall be construed as a reference to such consultation (if any) as is reasonably practicable in all the circumstances of the case; and
(c)any reference, in relation to a person charged with or convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
(14)This section has effect subject to—
F104(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days),
but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.
Textual Amendments
F98S. 23 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 60(1) (subject to transitional provisions and savings in ss. 62, 101(1), Sch. 12 para. 15); S.I. 1992/333, art. 2(5), Sch. 3
F99Words in s. 23(4) substituted (30.9.1998 for certain purposes and otherwise 1.6.1999) by 1998 c. 37, s.97(1); S.I. 1998/2327, art.2(1)(t); S.I. 1999/1279, art. 2(g)(i)
F100Words in s. 23(5) substituted (30.9.1998 for certain purposes and otherwise 1.6.1999) by 1998 c. 37, s.97(2); S.I. 1998/2327, art.2(1)(t); S.I. 1999/1279, art. 2(g)(i)
F101S. 23(5A) inserted (30.9.1998 for certain purposes and otherwise 1.6.1999) by 1998 c. 37, s.97(3); S.I. 1998/2327, art.2(1)(t); S.I. 1999/1279, art. 2(g)(i)
F102Definition in s. 23(12) inserted (30.9.1998 for certain purposes and otherwise 1.6.1999) by 1998 c. 37, s.97(4); S.I. 1998/2327, art.2(1)(t); S.I. 1999/1279, art. 2(g)(i)
F103Words in the definition of “secure accommodation” in s. 23(12) inserted (30.5.1995) by 1994 c. 33, s. 19(1); S.I. 1995/1378, art. 2
Words at the end of s. 23(12) inserted (30.5.1995) by 1994 c. 33, s. 19(1); S.I. 1995/1378, art. 2
F104S. 23(14)(a) repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch.10; S.I. 1998/2327, art.2(1)(aa)(3)(k).
Modifications etc. (not altering text)
C6S. 23 modified (1.6.1999) by 1998 c. 37, s. 98; S.I. 1999/1279, art. 2(g)(i)
Marginal Citations
(1)A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.
(2)A person arrested under subsection (1) above—
(a)shall, except where he was arrested within 24 hours of the time appointed for him to appear before the court in pursuance of the remand or committal, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested; and
(b)in the said excepted case shall be brought before the court before which he was to have appeared.
In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
(3)A justice of the peace before whom a person is brought under subsection (2) above—
(a)if of the opinion that that person has broken any condition imposed on him under subsection (7) or (10) of section 23 of this Act shall remand him; and that section shall apply as if he was then charged with or convicted of the offence for which he had been remanded or committed;
(b)if not of that opinion shall remand him to the place to which he had been remanded or committed at the time of his arrest subject to the same conditions as those which had been imposed on him at that time.]
Textual Amendments
F105S. 23A inserted (3.2.1995) by 1994 c. 33, s.23; S.I. 1995/127, art. 2(1), Sch.1 (with transitional savings in art. 2(2), Sch.2 para. 1)
Yn ddilys o 01/03/2002
(1)A court shall not impose a condition on a person under section 23(7)(b) above (an “electronic monitoring condition”) unless each of the following requirements is fulfilled.
(2)The first requirement is that the person has attained the age of twelve years.
(3)The second requirement is that—
(a)the person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b)he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
(i)amount, or
(ii)would, if he were convicted of the offences with which he is charged, amount,
to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.
(4)The third requirement is that the court—
(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and
(b)is satisfied that the necessary provision can be made under those arrangements.
(5)The fourth requirement is that a youth offending team has informed the court that in its opinion the imposition of such a condition will be suitable in the person’s case.
(6)Where a court imposes an electronic monitoring condition, the condition shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(7)The Secretary of State may make rules for regulating—
(a)the electronic monitoring of compliance with conditions imposed under section 23(7)(a) above; and
(b)without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such conditions.
(8)Subsections (8) to (10) of section 3AA of the Bail Act 1976 (c. 63) (provision about rules and orders under that section) shall apply in relation to this section as they apply in relation to that section.
(9)For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.]
Textual Amendments
F106S. 23AA inserted (1.3.2002) by Criminal Justice and Police Act 2001 (c. 16), s. 132(b); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)
Textual Amendments
F107Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6
(1)If it appears to the Secretary of State, on the application of the welfare authority or the managers of the training school to whose care a person is committed [F108by a relevant order], that his parent or guardian resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect [F109F110. . .as if it were a supervision order imposing a residence requirement as mentioned in section 12AA of this Act.]
[F111(1A)In subsection (1) above “by a relevant order” means—
(a)by a fit person order;
(b)by virtue of a training school order; or
(c)by an order under subsection (2) below;
where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.]
(2)If it appears to the [F112the Secretary of State], on the application of the local authority to whose care a person is committed by a care order [F113to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provisions) applies] other than an interim order [F113or who is to accommodate a person pursuant to a supervision order imposing a residence requirement as mentioned in section 12AA of this Act][F114or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F112the Secretary of State] may make an order committing him to the care of the managers of a training school or to the care of the welfare authority in whose area his parent or guardian resides or will reside and the provisions of the M13Children and Young Persons Act (Northern Ireland) 1968 (except sections [F11588(3) and 90] shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, [F115the supervision order].
If an order under this subsection commits a person to the care of the managers of a training school, the contributions to be made in respect of him under section 161 of the said Act of 1968 shall be made by such council as may be named in that order, being the council within whose district his parent proposes to reside or is residing at the time of the order.
(3)When a person is received into the care of a local authority or welfare authority or the managers of a training school in pursuance of an order under this section, the training school order, fit person order [F116, care order or supervision order] in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—
(a)in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;
(b)in the case of an order under subsection (2), on the date when the care order [F117or supervision order] aforesaid would have ceased to have effect by the effluxion of time or—
F118(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.
(4)An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority or welfare authority or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority or managers to whose care he is committed by the order.
(5)In this section “training school”, “training school order” and “welfare authority” have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.
Extent Information
E1This version of this provision extends to E.W. only; a separate version has been created for N.I. only
Textual Amendments
F108Words in s. 25(1) substituted (4.11.1996) by S.I. 1995/756, art. 7(2); S.R. (N.I.) 1996/297, art.3
F109Words in s. 25(1) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(a)(ii)
F110Words in s. 25(1) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. (N.I.) 1996/297, art.3
F111S. 25(1A) inserted (4.11.1996) by S.I. 1995/756, art. 7(3); S.R. (N.I.) 1996/297, art. 3
F112Words substituted (N.I.) by virtue of S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1
F113Words in s. 25(2) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(i)(ii)
F114Words inserted by Health and Social Services and Social Security Ajudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 15
F115Words in s. 25(2) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(iv)(v)
F116Words in s. 25(3) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(c)(ii)
F117Words in s. 25(3)(b) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(c)(iii)
F118S. 25(3)(b)(i) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(c)(iv)
Modifications etc. (not altering text)
C7Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
C8S. 25(2) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para 7(4), Air Force Act 1955 (c. 19, SIF 7:1), Sch 5A para 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para 7(4) (Schs. 5A para. 7(3) of the said Acts of 1955 and Sch. 4A para. 7(3) of the Act 1957 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 paras. 8, 10, 18, (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2))
Marginal Citations
(1)If it appears to the Secretary of State, on the application of the [F195Ministry of Home Affairs for Northern Ireland (in this section referred to as the Ministry of Home Affairs)] or the managers of the training school to whose care a person is committed [F196by a relevant order], that his parent or guardian resides or will reside in the ’area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect [F197F198. . . as if it were a supervision order imposing a residence requirement as mentioned in section 12AA of this Act]
[F199(1A)In subsection (1) above “by a relevant order” means—
(a)by a fit person order;
(b)by virtue of a training school order; or
(c)by an order under subsection (2) below;
where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.]
(2)If it appears to the [F200the Secretary of State], on the application of the local authority to whose care a person is committed by a care order [F201to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provions) applies] other than an interim order [F201or who is to accomodate a person pursuant to a supervision order imposing a residence requirement as mentioned in section 12AA] [F202or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F200the Secretary of State] may make an order committing him to the care of the managers of a training school F203. . . and the provisions of the M32Children and Young Persons Act (Northern Ireland) 1968 (except sections [F204 88(3) and 90] shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, [F205the supervision order].
F206. . .
(3)When a person is received into the care of a local authority F207. . . or the managers of a training school in pursuance of an order under this section, the training school order, fit person order [F208, care order or supervision order] in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—
(a)in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;
(b)in the case of an order under subsection (2), on the date when the care order [F209or supervision order] or aforesaid would have ceased to have effect by the effluxion of time or—
F210(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.
(4)An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority F211. . . or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority F211. . . or managers to whose care he is committed by the order.
(5)In this section ”training school” [F212and “training school order”] have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.
Extent Information
E4This version of this provision extends to N.I. only; a seperate version has been created for E.W. only
Textual Amendments
F196Words in s. 25(1) substituted (4.11.1996) by S.I. 1995/756, art. 7(2); S.R. (N.I.) 1996/297, art. 3
F197Words in s. 25(1) substituted (14.10.1991) by S.I. 1991/2032, art. 8(1)(a)(ii).
F198Words in s. 25(1) repealed (4.11.1996) by S.I. 1995/756, art. 15, Sch.; S.R. (N.I.) 1996/297, art.3
F199S. 25(1A) inserted (4.11.1996) by S.I. 1995/756, art. 7(3); S.R. (N.I.) 1996/297, art.3
F200Words substituted (N.I.) by virtue of S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1
F201Words in s. 25(2) inserted (14.10.1991) by S.I. 1991/2032, art. 8(1)(b)(i)(ii).
F202Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 15
F203Words in s. 25(2) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(b)(iii)
F204Words in s. 25(2) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(iv)
F205Words in s. 25(2) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(b)(v).
F206Words repealed (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2
F207Words in s. 25(3) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(c)(i).
F208Words in s. 25(3) substituted (14.10.1991) by S.I. 1991/2032, reg. 8(1)(c)(ii).
F209Words in s. 25(3)(b) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(c)(iii)
F210S. 25(3)(b)(i) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(c)(iv)
F211Words in s. 25(4) omitted (14.10.1991) by virtue of S.I. 1991/2032, reg. 8(1)(d).
Modifications etc. (not altering text)
C14Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
C15S. 25(2): Certain functions transferred (N.I.) by S.I. 1973/2163, Sch. 1
C16S. 25(2) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para. 7(4), Air Force Act 1955 (c. 19, SIF 7:1) Sch. 5A para. 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para. 7(4) (Schs. 5A para. 7(3) of the said Acts of 1955 and Sch. 4A of the 1957 Act substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 paras. 8. 10, 18 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Marginal Citations
(1)The Secretary of State may by order designate for the purposes of this section an order of any description which—
(a)a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and
(b)provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and
(c)appears to the Secretary of State to be of the same nature as a care order other than an interim order [F119 or as a supervision order imposing a residence requirement as mentioned in section 12AA of this Act];
and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order [F120and ”care order” means an order made under section 31 of the Children Act 1989.].
(2)The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection [F121 be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a supervision order imposing a residence requirement as mentioned in section 12AA of this Act with a requirement that the child be accommodated by a designated local authority].
(4)An authorisation given to a local authority under this section shall cease to have effect when—
(a)the local authority is informed by the Secretary of State that he has revoked it; or
(b)the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or
(c)the person to whom the relevant order relates is again received into the care of the relevant authority;
and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.
Extent Information
E2S. 26 extends to England, Wales, the Channel Islands and the Isle of Man only
Textual Amendments
F119Words in s. 26(1)(c) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).
F120Words in s. 26(1) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).
F121Words in s. 26(2) substituted (14.10.1991) for words to the end of subsection (3) by S.I. 1991/2032, reg. 8(2)(b).
Modifications etc. (not altering text)
C9Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Textual Amendments
F122Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6 (s. 27(4) expressed to be repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4), 36(3)(a)); S.I. 1991/828, art. 3(2))
Textual Amendments
F123S. 28 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)(6)); S.I. 1991/828, art. 3(2)
[F125(1)]]A child or young person arrested in pursuance of a warrant shall not be released unless. . . F126 his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.
[F127(2)In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.]
Textual Amendments
F124S. 29 substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121(1), Sch. 6 para. 19(b)
F125S. 29 renumbered as subsection (1) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(1), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch.2
F126Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 36, Sch. 16
F127S. 29(2) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(1), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch.2
Modifications etc. (not altering text)
C10S. 29 excluded by Prevention of Terrorism (Temporary Provisions) Act 1984 (c. 8, SIF 39:2), s. 12(6)
(1)The power to give directions under section 53 of the Act of 1933 (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.
(2)It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.
Textual Amendments
F128S. 31 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
(1)If any of the following persons, that is to say—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131
(d)a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M14Children and Young Persons Act (Northern Ireland) 1968 [F132(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)],
is absent from premises at which he is required by. . . F133 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F133 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F133, to the premises or other place aforesaid or such other premises as the authority. . . F133 may direct.
[F134(1A)If a child or young person is absent, without the consent of the responsible person—
(a)from a place of safety to which he has been taken under section 16(3) of this Act; or
(b)from local authority accommodation—
(i)in which he is required to live under section 12AA of this Act; or
(ii)to which he has been remanded under [F135section 16(3A)][F136of this Act; or
(iii)to which he has been remanded or committed under section 23(1) of this Act]
he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.
(1B)A person so arrested shall be conducted to—
(a)the place of safety;
(b)the local authority accommodation; or
(c)such other place as the responsible person may direct, at the responsible person’s expense.
(1C)In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA [F137, 16(3B)] or 23 of this Act.]
(2)If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) [F138or (1A)] of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F139level 3 on the standard scale].
In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the [F140M15Magistrates’ Courts (Northern Ireland) Order 1981].
[F141(2A)Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or [F142(1A)(a) or (b)(i) or (ii)] of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.
(2B)A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F143responsible person].]
(3)A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F144or (1A)] of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding [F145level 5 on the standard scale] or both.
(4)The reference to a constable in [F146subsections (1),(1A) and (2A)] of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in [F146subsection (1)]“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.
(5)Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.
Extent Information
E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only
Textual Amendments
F129S. 32(1)(a) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F131S. 32(1)(c) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F132Words in s. 32(1)(d) inserted (4.11.1996) by S.I. 1995/756, art. 7(4); S.R. (N.I.) 1996/297, art.3
F133Words repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1) Sch. 6
F134S. 32(1A)–(1C) substituted (14.10.1991) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(1),(with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)
F135Words in s. 32(1A)(ii) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(2); S.I. 1991/1883, art. 3, Sch.
F136Words in s. 32(1A)(b) substituted (E.W.) (5.9.1995) by 1995 c. 16, s. 2(2)(a); S.I. 1995/2021, art. 2
F137Words in s. 32(1C) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(3); S.I. 1991/1883, art. 3, Sch.
F138Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(4)
F139Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and S.I. 1984/703 (N.I. 3), art. 6
F140Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 17
F142Words in s. 32(2A) substituted (E.W.) (5.9.1995) by 1995 c. 16, s. 2(2)(b); S.I. 1995/2021, art. 2
F143Words in s. 32(2B) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(2), (with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)
F144Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 16
F145Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and S.I. 1984/703 (N.I. 3), art. 6
F146Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(7)
Modifications etc. (not altering text)
C11S. 32(3) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(5)–(7), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
S. 32(3) restricted (4.11.1996) by S.I. 1995/755, art. 70(6)(7)(d); S.R. (N.I.) 1996/297, art. 2(2)
Marginal Citations
M141968 c. 34. (N.I.)
(1)If any of the following persons, that is to say—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215
(d)a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M33Children and Young Persons Act (Northern Ireland) 1968 [F216(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)],
is absent from premises at which he is required by. . . F217 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F217 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F217, to the premises or other place aforesaid or such other premises as the authority. . . F217 may direct.
[F218(1A)If a child or young person is absent, without the consent of the responsible person—
(a)from a place of safety to which he has been taken under section 16(3) of this Act; or
(b)from local authority accommodation—
(i)in which he is required to live under section 12AA of this Act; or
(ii)to which he has been remanded under [F219section 16(3A) or 23(1)] of this Act,
he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.
(1B)A person so arrested shall be conducted to—
(a)the place of safety;
(b)the local authority accommodation; or
(c)such other place as the responsible person may direct, at the responsible person’s expense.
(1C)In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA [F220, 16(3B)] or 23 of this Act.]
(2)If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) [F221or (1A)] of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F222level 3 on the standard scale].
In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the [F223M34Magistrates’ Courts (Northern Ireland) Order 1981].
[F224(2A)Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or (1A) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.
(2B)A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F225responsible person].]
(3)A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F226or (1A)] of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding [F227level 5 on the standard scale] or both.
(4)The reference to a constable in [F228subsections (1),(1A) and (2A)] of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in [F228subsection (1)]“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.
(5)Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.
Extent Information
E5This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.
Textual Amendments
F213S. 32(1)(a) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F215S. 32(1)(c) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F216Words in s. 32(1)(d) inserted (4.11.1996) by S.I. 1995/756, art. 7(4); S.R. (N.I.) 1996/297, art.3
F217Words repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1) Sch. 6
F218S. 32(1A)–(1C) substituted (14.10.1991) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(1),(with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)
F219Words in s. 32(1A)(ii) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(2); S.I. 1991/1883, art. 3, Sch.
F220Words in s. 32(1C) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 5(3); S.I. 1991/1883, art. 3, Sch.
F221Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(4)
F222Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and S.I. 1984/703 (N.I. 3), art. 6
F223Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 17
F225Words in s. 32(2B) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(2), (with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)
F226Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 16
F227Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and S.I. 1984/703 (N.I. 3), art. 6
F228Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(7)
Modifications etc. (not altering text)
C17S. 32(3) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(5)–(7), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
S. 32(3) restricted (4.11.1996) by S.I. 1995/755, art. 70(6)(7)(d); S.R. (N.I.) 1996/297, art. 2(2)
S. 32(3) restricted (S.) (12.12.1996 for certain purposes and 1.4.1997 for all remaining purposes) by 1995 c. 36, s. 38(4)(b) (with ss. 90, 103(1)); S.I. 1996/3201, arts. 3(1)(7)
Marginal Citations
M331968 c. 34. (N.I.)
Textual Amendments
F147Ss. 32A-32C repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 para. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F148 Ss. 32A-32C repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F149Ss. 32A-32C repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Textual Amendments
F150S. 33 repealed by Legal Aid Act 1974 (c. 4, SIF 77:1), Sch. 5 Pt. I
(1)The Secretary of State may by order provide—
F151(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)that any reference to a young person in section 5(8), F152. . . 9(1), 23(1) or 29(1) of this Act shall be construed as including a child who has attained such age as may be so specified;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153
(e)that [F154section 23(4) to (6)] of this Act shall have effect as if the references to a young person excluded a young person who has not attained such age as may be so specified;
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155
(2)In the case of a person who has not attained [F156the age of eighteen] but has attained such lower age as the Secretary of State may by order specify, no proceedings F157. . . for an offence shall be begun in any court unless the person proposing to begin the proceedings has, in addition to any notice falling to be given by him to a local authority in pursuance of section F157. . . 5(8) of this Act, given notice of the proceedings to a probation officer for the area for which the court acts; F157. . ..
(3)In the case of a person who has attained such age as the Secretary of State may by order specify, an authority shall, without prejudice to subsection (2) of section 9 of this Act, not be required by virtue of subsection (1) of that section to make investigations or provide information which it does not already possess with respect to his home surroundings if, by direction of the justices or probation and after-care committee acting for any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by a probation officer.
(4)Except in relation to section 13(2) of this Act, references to a child in subsection (1) of this section do not include references to a person under the age of ten.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F158
(6)Without prejudice to the generality of section 69(4) of this Act, an order under this section may specify different ages for the purposes of different provisions of this Act specified in the order.
(7)A draft of any order proposed to be made under this section shall be laid before Parliament and, in the case of an order of which the effect is that the reference to a child in section 4 of this Act includes a child who has attained an age of more than twelve, shall not be made unless the draft has been approved by a resolution of each House of Parliament.
Textual Amendments
F151S. 34(1)(a) repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch.10; S.I. 1998/2327, art. 2(1)(aa).
F152Words in s. 34(c) repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 8, Sch.10; S.I. 1998/2327, art. 2(1)(w)(aa)(3)(k).
F154Words in s. 34(1)(e) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 28(b), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F156Words in s. 34(2) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 9; S.I. 1995/127, art. 2(1), Sch. 1 Appendix A
F157Words in s. 34(2) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F158S. 34(5) repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13
Textual Amendments
(1)If in the case of any approved school, [F160or remand home within the meaning of the M16Criminal Justice Act 1948 or approved probation hostel [F161within the meaning of the Probation Service Act 1993]] (hereafter in this section referred to as an “approved institution”) it appears to the Secretary of State that in consequence of the establishment of community homes for a planning area the institution as such is no longer required, he may by order provide that it shall cease to be an approved institution on a date specified in the order.
(2)The provisions of Schedule 3 to this Act shall have effect in relation to institutions which are, or by virtue of this section have ceased to be, approved institutions.
Textual Amendments
F160Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 36
F161Words in s. 46(1) substituted (5.2.1994) by 1993 c. 47, ss. 32, 33, Sch. 3 para. 3(3).
Modifications etc. (not altering text)
C12S. 46 amended by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 17
Marginal Citations
M161948 c. 58(39:1).
Textual Amendments
Textual Amendments
F163Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164
X2(4)Section 37 of the M17 Adoption Act 1958 (which defines “ protected child” for the purposes of Part IV of that Act) shall have effect subject to the following modifications:—
(a)in paragraph (a) of subsection (1) (which refers to arrangements for placing a child in the care of a person who is not a parent, guardian or relative of his) after the words “ relative of his” there shall be inserted the words “ but who proposes to adopt him” ;
(b)in subsection (1) (which among other matters excludes a foster child from the definition of “ a protected child”) the words “ but is not a foster child within the meaning of Part I of the Children Act 1958” shall be omitted ; and
(c)in subsection (2) (which excludes certain children from the definition of protected child, including children only temporarily in the care and possession of a person under such arrangements as are referred to in subsection (1)(a) of that section) the words from “ by reason” to “ that subsection, nor” shall be omitted.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165
Editorial Information
X2The text of s. 52(4) 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.
Textual Amendments
F164Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
F165Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
Marginal Citations
Textual Amendments
F166Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
Textual Amendments
F167Ss. 56, 57 repealed by (E.W.) Foster Children Act 1980 (c. 6, SIF 20), Sch. 3 and (S.) Foster Children (Scotland) Act 1984 (c. 56, SIF 20), Sch. 3
Words "49 and the said sections" in s. 57(4) expressed to be repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch.1 Appendix C
Textual Amendments
F169S. 60 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37(1), Sch. 2
Textual Amendments
F170S. 61 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9
Textual Amendments
F171Ss. 62–64A, 65(1) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173
(3)Where an order has been made under section 46 of this Act in relation to an approved institution within the meaning of that section and no [F174part of the premises occupied by the institution forms part of a controlled or assisted community home.]
(4)No grant shall be made under subsection (3) of this section in respect of a liability relating to an institution unless it appears to the Secretary of State that, on or within a reasonable time after the date specified in the order referred to in that subsection, the premises of the institution are to be used for a purpose which is of benefit to children; and any grant made under that subsection shall be subject to such conditions as the Secretary of State may with the approval of the Treasury determine, including conditions with respect to the repayment in whole or in part of the grant, either by the person to whom the grant was made or by some other person who, before the grant was made, consented to accept the liability.
(5)Any sums received by the Secretary of State by virtue of any such condition as is referred to in subsection (4) of this section shall be paid into the Consolidated Fund.
Textual Amendments
F172Ss. 62–64A, 65(1) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
(1)The power to make an order under [F175section 4(1) of the M18Local Government Act 1974] increasing the amounts fixed by a rate support grant order for a particular year shall be exercisable, in accordance with subsection (2) of this section, in relation to any rate support grant order made before the date of the coming into operation of any provision of this Act (in this section referred to as “the relevant provision”) for a grant period ending after that date.
(2)Without prejudice to [F175subsection (6) of the said section 4] (which empowers an order under subsection (1) of that section to vary the matters prescribed by a rate support grant order), an order under subsection (1) of that section made by virtue of this section may be made for such year or years comprised in the grant period concerned as may be specified in the order and in respect of the year or each of the years so specified shall increase the amounts fixed by the relevant rate support grant order as the aggregate amounts of the rate support grants and any elements of the grants for that year to such extent and in such a manner as may appear to [F176the Secretary of State] to be appropriate, having regard to any additional expenditure incurred or likely to be incurred by local authorities in consequence of the coming into operation of the relevant provision.
(3)In this section “grant period” means the period for which a rate support grant order is made.
(4)There shall be defrayed out of moneys provided by Parliament any increase in rate support grants attributable to this Act.
Textual Amendments
F175Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
F176Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)
Marginal Citations
Any administrative expenses of the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.
Textual Amendments
F177S. 68 repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30
(1)Any power conferred on the Secretary of State by this Act to make an order or regulations, except an order under section 25,. . . F178 or paragraph 23 or 24 of Schedule 4, shall be exercisable by statutory instrument; and any statutory instrument made in pursuance of this subsection, except an instrument containing only regulations under paragraph 8(2) of Schedule 3 or an order under section 1(6), 26, 46, , F178 72(2) or 73(2), or paragraph 11(2) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2)A statutory instrument containing regulations under subsection (4) of section 5 or an order under section 34 of this Act shall not be subject to annulment as aforesaid, but no such regulations or order shall be included in a statutory instrument containing provisions which do not require approval in pursuance of the said subsection (4) or, as the case may be, to which subsection (7) of the said section 34 does not apply.
(3)An order made or directions given by the Secretary of State under any provision of this Act, except an order under section 7(5), may be revoked or varied by a subsequent order or subsequent directions under that provision.
(4)Any order or regulations made by the Secretary of State under this Act may—
(a)make different provision for different circumstances;
(b)provide for exemptions from any provisions of the order or regulations; and
(c)contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the order or regulations.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F178Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
(1)In this Act, unless the contrary intention appears, the following expressions have the following meanings:—
“the M19Act of 1933” means the Children and Young Persons Act 1933;
“the M20Act of 1963” means the Children and Young Persons Act 1963;
“approved school order”, “guardian” and “place of safety” have the same meanings as in the Act of 1933;
F179. . .
“child”, except in Part II (including Schedule 3) and sections 27, 63, 64 and 65 of this Act, means a person under the age of fourteen, and in that Part (including that Schedule) and those sections means a person under the age of eighteen and a person who has attained the age of eighteen and is the subject of a care order;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180
F179. . .
“local authority” [F181except in relation to proceedings under section 1 of this Act instituted by a local education authority, means the council of a non-metropolitan county or of a [F182county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[F183 “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)]
“petty sessions area” has the same meaning as in [F184the M21Magistrates’ Courts Act 1980] except that, in relation to a [F185 youth court]constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, it means such a division of that area as is mentioned in paragraph 14 of that Schedule;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180
“police officer” means a member of a police force;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180
“reside” means habitually reside, and cognate expressions shall be construed accordingly except in section [F18612B(1) and (2)] of this Act;
“supervision order”, “supervised person” and “supervisor” have the meanings assigned to them by section 11 of this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180
[F187“young person” means a person who has attained the age of fourteen and is under the age of eighteen years;]
[F188“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]
and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.
[F189(1A)In the case of a child or young person—
(a)whose father and mother were not married to each other at the time of his birth, and
(b)with respect to whom a residence order is in force in favour of the father,
any reference in this Act to the parent of the child or young person includes (unless the contrary intention appears) a reference to the father.
F189(1B)In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to each other at the time of his birth shall be construed in accordance with section 1 of the M22Family Law Reform Act 1987 and “residence order” has the meaning given by section 8(1) of the M23Children Act 1989.]
(2)Without prejudice to any power apart from this subsection to bring proceedings on behalf of another person, any power to make an application which is exercisable by a child or young person by virtue of section 15(1), F190. . . of this Act shall also be exercisable on his behalf by his parent or guardian; and in this subsection “guardian” includes any person who was a guardian of the child or young person in question at the time when any supervision order, F190. . . to which the application relates was originally made.
(3)In section 99(1) of the Act of 1933 (under which the age which a court presumes or declares to be the age of a person brought before it is deemed to be his true age for the purposes of that Act) the references to that Act shall be construed as including references to this Act.
(4)Subject to the following subsection, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment including this Act.
(5)Any reference in this Act to an enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament for the time being in force which re-enacts the said enactment with or without modifications.
Textual Amendments
F179Definitions in s. 70(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F180Definitions repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F181Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 23 para. 16
F182Words in the definition of “local authority” in s. 70(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 6 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F183Definition in s. 70(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 29(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F184Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2) Sch. 7 para. 85
F185Words in s. 70(1) substituted (1.10.1992) by Criminal Justice Act (c. 53, SIF 39:1), s. 100, Sch. 11, para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2
F186 Words in s. 70(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 29(b), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F187Definition in s. 70(1) of “young person” substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(2), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2
F188Definition in s. 70(1) inserted (30.9.1998 for specified areas and otherwiseprosp.) by 1998 c. 37, ss. 119, 121(2), Sch. 8 para.23; S.I. 1998/2327, art.3(1)(b).
F189S. 70(1A)(1B) inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 8(1), 33(1), Sch. 2 para. 26 and substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para.10; S.I. 1998/2327, art.2(1)(w).
F190Words in s. 70(2) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Marginal Citations
M191933 c. 12(20).
M201963 c. 37(20).
M211980 c. 43(82).
This Act shall have effect, in its application to the Isles of Scilly, with such modifications as the Secretary of State may by order specify.
(1)The transitional provisions and savings set out in Part I of Schedule 4 to this Act shall have effect.
(2)The transitional provisions set out in Part II of Schedule 4 to this Act shall have effect until such day as the Secretary of State may by order specify for the purposes of this subsection (being the day on and after which those provisions will in his opinion be unnecessary in consequence of the coming into force of provisions of the M24Social Work (Scotland) Act 1968) and shall be deemed to have been repealed on that day by an Act of Parliament passed after this Act.
X3(3)The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments specified in that Schedule (which are minor amendments and amendments consequential on the provisions of this Act).
X3(4)Subject to subsection (1) of this section, the enactments mentioned in the first and second columns of Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F191
Editorial Information
X3The text of s. 72(3)(4) 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.
Textual Amendments
F191S. 72(5) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
Marginal Citations
M241968 c. 49(81:3).
(1)This Act may be cited as the Children and Young Persons Act 1969, and this Act and the Children and Young Persons Acts 1933 to 1963 may be cited together as the Children and Young Persons Acts 1933 to 1969.
(2)This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different provisions of this Act so far as they apply to such cases only as may be specified in the order.
(3)Without prejudice to the generality of section 69(4) of this Act, an order under the preceding subsection may make such transitional provision as the Secretary of State considers appropriate in connection with the provisions brought into force by the order, including such adaptations of those provisions and of any other provisions of this Act then in force as appear to him appropriate for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of a provision of the M25Social Work (Scotland) Act 1968.
(4)This section and the following provisions only of this Act extend to Scotland, that is to say—
(a)sections 10(1) and (2), [F19232(1) to (1C) and (2A) to (4)], 56 and 57(1);
(b)section 72(2) and Part II of Schedule 4;
(c)paragraphs 25, 26, 33, 35, 38, 42, 43, 53, 54 and 57 to 83 of Schedule 5 and section 72(3) so far as it relates to those paragraphs;
(d)section 72(4) and Schedule 6 so far as they relate to the M26Merchant Shipping Act 1894, the M27Superannuation (Miscellaneous Provisions) Act 1948, sections 10, 53, 55 and 59 of the Act of 1963, the M28Family Allowances Act 1965 and the M29Social Work (Scotland) Act 1968.
(5)This section and the following provisions only of this Act extend to Northern Ireland, that is to say—
(a)sections 25 and 32;
(b)section 72(3) and Schedule 5 so far as they relate to section 29 of the M30Criminal Justice Act 1961 and provisions of the Social Work (Scotland) Act 1968 which extend to Northern Ireland; and
(c)section 72(4) and Schedule 6 so far as they relate to section 83 of the Act of 1933, paragraph 13 of Schedule 2 to the M31Children and Young Persons (Scotland) Act 1937, section 29 of the Criminal Justice Act 1961, sections 10(1) and (2), 53(1) and 65(5) of, and paragraphs 27, 34 and 50 of Schedule 3 to, the Act of 1963 and sections 73(2), 76(1) and (2) and 77(1)(b) of the Social Work (Scotland) Act 1968;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193
(6)Section 26 of this Act and this section, and section 72(4) of this Act and Schedule 6 to this Act so far as they relate to paragraph 13 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937 and section 53(1) of, and paragraph 34 of Schedule 3 to, the Act of 1963, extend to the Channel Islands and the Isle of Man, and section [F19432(1) to (1C)] and (4) of this Act and this section extend to the Channel Islands.
(7)It is hereby declared that the provisions of sections 69 and 70 of this Act extend to each of the countries aforesaid so far as is appropriate for the purposes of any other provisions of this Act extending to the country in question.
Subordinate Legislation Made
P1Power of appointment conferred by s. 73(2) exercised: S.I. 1969/1552, 1565, 1970/1498, 1883 and 1971/588
Textual Amendments
F192 Words in s. 73(4)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para.30(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F193Words repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I
F194Words in s. 73(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para.30(b), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
Marginal Citations
M251968 c. 49(81:3).
M261894 c. 60(111).
M271948 c. 33(101A:1).
M291968 c. 49(81:3).
M301961 c. 39(39:1).
M311937 c. 37(20).
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys