- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 22/04/2014
Point in time view as at 01/04/2013. This version of this Act contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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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.
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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F1Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)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F2Ss. 1-3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)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F3Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras, 1(1), 27(4)); S.I. 1991/828, art. 3(2)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F4Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)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F5S. 4 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 72, 101(2), Sch 13; S.I. 1992/333, art. 2(2), Sch.2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.
F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(7C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(8B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F12S. 7(7)-(9) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F13S. 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)
F14S. 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
Modifications etc. (not altering text)
C131.12.1970 specified for purposes of s. 7(5) by S.I. 1970/1499, art. 2
Textual Amendments
F15S. 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
F16S. 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 F17... bring F18. . . 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
F17Words in s. 9(1) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 23(2), Sch. 3 Pt. 2
F18Words 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)
F19(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
Textual Amendments
F19S. 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
Textual Amendments
F21S. 11 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F22S. 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)
Textual Amendments
F23S. 12 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F24S. 12A repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F25S. 12AA repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) and subject to amendment (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 4, 5 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)
Textual Amendments
F26S. 12B repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F27S. 12C repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F28S. 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)
Textual Amendments
F29S. 13 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F30S. 14 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F31S. 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)
Textual Amendments
F32S. 15 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F33S. 16 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F34S. 16A repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F35S. 16B repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F36S. 17 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F37S. 18 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) and subject to amendment (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 63(a) (with s. 107, Sch. 14 para 7(2)); S.I. 2001/916, art. 2(a)(ii)
Textual Amendments
F38S. 19 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) and subject to amendment (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 63(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
Textual Amendments
F39Ss. 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
F40S. 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
F41Ss. 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
F42S. 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
F43Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F44S. 23 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 6; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3)
Modifications etc. (not altering text)
C2S. 23 modified (1.6.1999) by 1998 c. 37, s. 98; S.I. 1999/1279, art. 2(g)(i) (and, as so modified, amended (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 4, 7; S.I. 2001/916, art. 3(a)(ii)(with Sch. 2 para. 2) and (1.4.2001 in respect of Sch. 7 Pt. I and otherwiseprosp.) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. I para. 4(1)(2), Pt. II para. 39, Sch. 8); S.I. 2001/919, art. 2(f)(i) and (2.10.2006) by 2006 c. 9, ss. 4(2)(b)(3), 5(2); S.I. 2006/2491, art. 2
C3S. 23: amendment to earlier affecting provision 1998 c. 37 s. 98 (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 5; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45S. 23A omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 8; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
(1)Subsection (2) below applies where a court remands a person aged 10 or 11 on bail and either—
(a)the person is charged with or has been convicted of a serious offence, or
(b)in the opinion of the court the person is a persistent offender.
(2)The court may order a local authority to make an oral or written report specifying where the person is likely to be placed or maintained if he is further remanded to local authority accommodation [F47under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]
(3)An order under subsection (2) above must designate the local authority which is to make the report; and that authority must be the local authority which the court would have designated under [F48section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] if the person had been remanded to local authority accommodation.
(4)An order under subsection (2) above must specify the period within which the local authority must comply with the order.
(5)The maximum period that may be so specified is seven working days.
(6)If the Secretary of State by order so provides, subsection (2) above also applies where—
(a)a court remands on bail any person who has attained the age of 12 and is under the age of [F4918] ,
[F50(b)the requirements in section 94(3) and (4) or 95(3) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 would have been fulfilled if the person had not been remanded on bail, and]
(c)in a case where he is remanded after conviction, the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which the offender was living.
(7)In this section—
“serious offence” means [F51(subject to subsection (8))] an offence punishable in the case of an adult with imprisonment for a term of two years or more.
“working day” means any day other than—
a Saturday or a Sunday,
Christmas day or Good Friday, or
a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]
[F52(8)For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—
(a)an offence is a “serious offence” if the conduct constituting the offence would, if committed in England and Wales, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and
(b)the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.]
Textual Amendments
F46S. 23B inserted (31.7.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 90, 93; S.I. 2004/1502, art. 3
F47Words in s. 23B(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 9(2); S.I. 2012/2906, art. 2(j)
F48Words in s. 23B(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 9(3); S.I. 2012/2906, art. 2(j)
F49Word in s. 23B(6)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 9(4)(a); S.I. 2012/2906, art. 2(j)
F50S. 23B(6)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 9(4)(b); S.I. 2012/2906, art. 2(j)
F51Words in s. 23B(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 9(5); S.I. 2012/2906, art. 2(j)
F52S. 23B(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 9(6); S.I. 2012/2906, art. 2(j)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F53S. 23AA omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 7; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
Textual Amendments
F54Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6
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Extent Information
E1This version of this provision extends to E.W. only; a seperate version has been created for N.I. only
Textual Amendments
F55S. 25 repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 15, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)(u)
Modifications etc. (not altering text)
C4Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E4This version of this provision extends to N.I. only; a separate version has been created for E.W. only
Textual Amendments
F55S. 25 repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 15, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)(u)
Modifications etc. (not altering text)
C10Ss. 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)
(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 [F56 or as a [F57youth rehabilitation order imposing a local authority residence requirement]] ;
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 [F58and ”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 [F59 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 [F60youth rehabilitation order imposing a local authority residence requirement] 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
F56Words in s. 26(1)(c) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).
F57Words in s. 26(1)(c) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 16(2) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F58Words in s. 26(1) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).
F59Words 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).
F60Words in s. 26(2) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 16(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
Modifications etc. (not altering text)
C5Ss. 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
F61Ss. 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
F62S. 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)
[F64(1)]]A child or young person arrested in pursuance of a warrant shall not be released unless. . . F65 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.
F66[(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
F63S. 29 substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121(1), Sch. 6 para. 19(b)
F64S. 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
F65Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 36, Sch. 16
F66S. 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)
C6S. 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 [F67section 92 of the Powers of Criminal Courts (Sentencing) Act 2000] (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
F67Words in s. 30(1) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 40
Textual Amendments
F68S. 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
(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 M1Children and Young Persons Act (Northern Ireland) 1968 [F72(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. . . F73 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. . . F73 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. . . F73, to the premises or other place aforesaid or such other premises as the authority. . . F73 may direct.
[F74(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 [F75paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] [F76paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008] ; or
[F77(aa)from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or]
[F78(b)from local authority accommodation—
(i)in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or
(ii)to which he has been remanded under [F79paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] paragraph 21 of Schedule 2 to that Act; or
[F80(iia)to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or]
F81(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F82(c)from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,]
(1B)A person so arrested shall be conducted to—
(a)the place of safety;
(b)the local authority accommodation;
[F83(ba)the place mentioned in subsection (1A)(c); or]
(c)such other place as the responsible person may direct, at the responsible person’s expense.
[F84(1C)In this section “the responsible person” means, as the case may be—
(a)the person who made the arrangements under [F85paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;
[F86(aa)the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;]
(b)the authority specified under paragraph 17(5) of Schedule 1 to [F87the Criminal Justice and Immigration Act 2008] ;
(c)the authority designated under [F88paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] paragraph 21(10) of Schedule 2 to that Act; F89...
[F90(ca)the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959;]
[F91(d)where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or
(e)where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.]
[F92(1D)If a child or young person—
(a)is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and
(b)is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,
he may be arrested by a constable anywhere in the United Kingdom without a warrant.
(1E)A person so arrested shall be conducted to—
(a)the place where he is required to reside, or
(b)such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,
at that local authority's expense.]
(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) [F93, (1A) or (1D)] 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 [F94level 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 M2[F95Magistrates’ Courts (Northern Ireland) Order 1981].
[F96(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 [F97mentioned in subsection (1), [F98(1A)(a), (aa) or (b)(i), (ii) or (iia)] or (1D) 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) [F99or (1D)] of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F100responsible person][F101or the responsible officer, as the case may be.]]
(3)A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F102, (1A) or (1D)] 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 [F103level 5 on the standard scale] or both.
(4)The reference to a constable in [F104subsections (1),(1A) [F105, (1D)] 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 [F104subsection (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
F69S. 32(1)(a) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F70S. 32(1)(b) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(2)
F71S. 32(1)(c) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F72Words 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
F73Words repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1) Sch. 6
F74S. 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)
F75Words in s. 32(1A)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F76Words in s. 32(1A)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F77S. 32(1A)(aa) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(2)(a); S.I. 2010/507, art. 5(v)
F78S. 32(1A)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F79Words in s. 32(1A)(b)(ii) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F80S. 32(1A)(b)(iia) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(2)(b); S.I. 2010/507, art. 5(v)
F81S. 32(1A)(b)(iii) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(2)(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F82S. 32(1A)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(2)(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F83S. 32(1B)(ba) substituted for word (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(3); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F84S. 32(1C) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F85Words in s. 32(1C)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(3)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F86S. 32(1C)(aa) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(a); S.I. 2010/507, art. 5(v)
F87Words in s. 32(1C)(b) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(b); S.I. 2010/507, art. 5(v)
F88Words in s. 32(1C)(c) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(3)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F89Word in s. 32(1C)(c) repealed (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(c), Sch. 8 Pt. 2; S.I. 2010/507, art. 5(v)(x)
F90S. 32(1C)(ca) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(c); S.I. 2010/507, art. 5(v)
F91S. 32(1C)(d)(e) substituted for s. 32(1C)(d) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(4); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F92S. 32(1D)(1E) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(4) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F93Words in s. 32(2) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(5) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F94Words 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
F95Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 17
F96S. 32(2A)(2B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(5)
F97Words in s. 32(2A) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(6) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F98Words in s. 32(2A) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(4); S.I. 2010/507, art. 5(v)
F99Words in s. 32(2B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(7)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F100Words 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)
F101Words in s. 32(2B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(7)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F102Words in s. 32(3) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(8) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F103Words 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
F104Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(7)
F105Word in s. 32(4) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(9) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
Modifications etc. (not altering text)
C7S. 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
M11968 c. 34. (N.I.)
(1)If any of the following persons, that is to say—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F167
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168
(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 M18Children and Young Persons Act (Northern Ireland) 1968 [F169(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. . . F170 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. . . F170 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. . . F170, to the premises or other place aforesaid or such other premises as the authority. . . F170 may direct.
[F171(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 [F75paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] [F76paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008] ; or
[F77(aa)from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or]
[F78(b)from local authority accommodation—
(i)in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or
(ii)to which he has been remanded under [F79paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] paragraph 21 of Schedule 2 to that Act; or
[F80(iia)to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or]
F81(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F82(c)from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,]
(1B)A person so arrested shall be conducted to—
(a)the place of safety;
(b)the local authority accommodation;
(ba)[F83the place mentioned in subsection (1A)(c); or]
(c)such other place as the responsible person may direct, at the responsible person’s expense.
[F84(1C)In this section “the responsible person” means, as the case may be—
(a)the person who made the arrangements under [F85paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;
[F86(aa)the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;]
(b)the authority specified under paragraph 17(5) of Schedule 1 to [F87the Criminal Justice and Immigration Act 2008] ;
(c)the authority designated under [F88paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or] paragraph 21(10) of Schedule 2 to that Act; F89...
[F90(ca)the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959; ]
[F91(d)where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or
(e)where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.]
[F92(1D)If a child or young person—
(a)is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and
(b)is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,
he may be arrested by a constable anywhere in the United Kingdom without a warrant.
(1E)A person so arrested shall be conducted to—
(a)the place where he is required to reside, or
(b)such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,
at that local authority's expense.]
(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) [F93, (1A) or (1D)] 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 [F172level 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 M19[F173Magistrates’ Courts (Northern Ireland) Order 1981].
[F174(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 [F97mentioned in subsection (1), [F98(1A)(a), (aa) or (b)(i), (ii) or (iia)] or (1D) 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) [F99or (1D)] of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F175responsible person][F101or the responsible officer, as the case may be.]]
(3)A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F102, (1A) or (1D)] 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 [F176level 5 on the standard scale] or both.
(4)The reference to a constable in [F177subsections (1),(1A) [F105, (1D)] 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 [F177subsection (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
F74S. 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)
F75Words in s. 32(1A)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F76Words in s. 32(1A)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F77S. 32(1A)(aa) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(2)(a); S.I. 2010/507, art. 5(v)
F78S. 32(1A)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F79Words in s. 32(1A)(b)(ii) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F80S. 32(1A)(b)(iia) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(2)(b); S.I. 2010/507, art. 5(v)
F81S. 32(1A)(b)(iii) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(2)(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F82S. 32(1A)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(2)(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F83S. 32(1B)(ba) substituted for word (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(3); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F84S. 32(1C) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F85Words in s. 32(1C)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(3)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F86S. 32(1C)(aa) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(a); S.I. 2010/507, art. 5(v)
F87Words in s. 32(1C)(b) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(b); S.I. 2010/507, art. 5(v)
F88Words in s. 32(1C)(c) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 101(3)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
F89Word in s. 32(1C)(c) repealed (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(c), Sch. 8 Pt. 2; S.I. 2010/507, art. 5(v)(x)
F90S. 32(1C)(ca) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(3)(c); S.I. 2010/507, art. 5(v)
F91S. 32(1C)(d)(e) substituted for s. 32(1C)(d) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 10(4); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F92S. 32(1D)(1E) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(4) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F93Words in s. 32(2) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(5) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F97Words in s. 32(2A) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(6) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F98Words in s. 32(2A) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 18(4); S.I. 2010/507, art. 5(v)
F99Words in s. 32(2B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(7)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F101Words in s. 32(2B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(7)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F102Words in s. 32(3) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(8) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F105Word in s. 32(4) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 17(9) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F166S. 32(1)(a) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F167S. 32(1)(b) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(2)
F168S. 32(1)(c) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6
F169Words 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
F170Words repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1) Sch. 6
F171S. 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)
F172Words 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
F173Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 17
F174S. 32(2A)(2B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(5)
F175Words 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)
F176Words 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
F177Words 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)
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
M181968 c. 34. (N.I.)
Textual Amendments
F106Ss. 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
F107 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
F108Ss. 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
F109S. 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—
F110(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)that any reference to a young person in section 5(8), F111. . . 9(1)F112... or 29(1) of this Act shall be construed as including a child who has attained such age as may be so specified;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113
F114(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115
(2)In the case of a person who has not attained [F116the age of eighteen] but has attained such lower age as the Secretary of State may by order specify, no proceedings F117. . . 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 F117. . . 5(8) of this Act, given notice of the proceedings to [F118an officer of a local probation board] [F119, or an officer of a provider of probation services, acting in the area] for which the court acts; F117. . ..
(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 [F120local probation board] acting for [F121, or a provider of probation services operating in,] any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by [F118an officer of a local probation board] [F122or an officer of a provider of probation services].
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
(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
F110S. 34(1)(a) repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa).
F111Words 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).
F112Words in s. 34(1)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 11(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F113S. 34(1)(d) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F114S. 34(1)(e) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 11(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
F115S. 34(1)(f) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16
F116Words 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
F117Words 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)
F118Words in s. 34(2)(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(2); S.I. 2001/919, art. 2(f)(i)
F119Words in s. 34(2) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 3(2)(a)
F120Words in s. 34(3) substituted (1.4.2001) by virtue of 2000 c. 43, s. 74, Sch. 7 Pt. II para. 40; S.I. 2001/919, art. 2(f)(ii)
F121Words in s. 34(3) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 3(2)(b)(i)
F122Words in s. 34(3) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 3(2)(b)(ii)
F123S. 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, [F125or remand home within the meaning of the M3Criminal Justice Act 1948 or approved probation hostel F126. . . (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
F125Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 36
F126Words in s. 46(1) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 41, Sch. 8: S.I. 2001/919, art. 2(f)(ii)(g)
Modifications etc. (not altering text)
C8S. 46 amended by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 17
Marginal Citations
M31948 c. 58(39:1).
Textual Amendments
Textual Amendments
F128Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129
X2(4)Section 37 of the M4 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130
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
F129Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
F130Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
Marginal Citations
Textual Amendments
F131Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
Textual Amendments
F132Ss. 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
F134S. 60 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37(1), Sch. 2
Textual Amendments
F135S. 61 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9
Textual Amendments
F136Ss. 62–64A, 65(1) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138
(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 [F139part 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
F137Ss. 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 [F140section 4(1) of the M5Local 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 [F140subsection (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 [F141the 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
F140Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
F141Words 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
F142S. 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,. . . F143 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, , F143 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.
F144(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F143Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F144S. 69(4A) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 12; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
(1)In this Act, unless the contrary intention appears, the following expressions have the following meanings:—
“the M6Act of 1933” means the Children and Young Persons Act 1933;
“the M7Act 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;
F145. . .
“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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146
F145. . .
“local authority” F147[F148... means the council of a non-metropolitan county or of a [F149county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[F150 “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)]
[F151“local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;]
[F152“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]
“petty sessions area” F153. . ., in relation to a [F154 youth court]constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, F153. . . means such a division of that area as is mentioned in paragraph 14 of that Schedule;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146
“police officer” means a member of a police force;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146
“reside” means habitually reside, and cognate expressions shall be construed accordingly F155. . .;
F156...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146
F157[“young person” means a person who has attained the age of fourteen and is under the age of eighteen years;]
[F158“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]
[F159“youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);]
and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.
[F160[(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.
F160(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 M8Family Law Reform Act 1987 and “residence order” has the meaning given by section 8(1) of the M9Children Act 1989.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
F145Definitions 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)
F146Definitions repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
F147Words in s. 70(1) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 23(3), Sch. 3 Pt. 2
F148Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 23 para. 16
F149Words 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
F150Definition 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)
F151Words in s. 70(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 18(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F152S. 70(1): Definition of “local probation board” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 42; S.I. 2001/919, art. 2(f)(ii)
F153S. 70(1): words in definition of “petty sessions area” repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9))
F154Words 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
F155S. 70(1): Words in definition of “reside” repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
F156Words in s. 70(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 18(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)(u)
F157Definition 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
F158Definition in s. 70(1) inserted (30.9.1998 for specified areas and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 23; S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)
F159Words in s. 70(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 18(c) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F160S. 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).
Marginal Citations
M61933 c. 12(20).
M71963 c. 37(20).
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 M10Social 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161
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
F161S. 72(5) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3
Marginal Citations
M101968 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 M11Social 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), [F16232(1) [F163to (1E)] 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 M12Merchant Shipping Act 1894, the M13Superannuation (Miscellaneous Provisions) Act 1948, sections 10, 53, 55 and 59 of the Act of 1963, the M14Family Allowances Act 1965 and the M15Social 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 M16Criminal 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 M17Children 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164
(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 [F16532(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
F162 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)
F163Words in s. 73(4)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 19 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F164Words repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I
F165Words 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)
C9S. 73(2)(3) extended by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 4 para 2(1)
Marginal Citations
M111968 c. 49(81:3).
M121894 c. 60(111).
M131948 c. 33(101A:1).
M151968 c. 49(81:3).
M161961 c. 39(39:1).
M171937 c. 37(20).
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