- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/03/2010)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2013
Point in time view as at 03/03/2010.
There are currently no known outstanding effects for the Children and Young Persons (Scotland) Act 1937, Part VII.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Ss. 100, 101(1) repealed by National Assistance Act 1948 (c. 29), s. 62, Sch. 7 Pt. III
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(2)Expenses incurred under this Act by an education authority shall be defrayed in like manner as expenses of the authority under [F3the Education (Scotland) Act 1962], . . . F4
Provided that expenses incurred in respect of a child or young person brought to a poorhouse under this Act shall form part of the establishment charges of the poorhouse.
[F5(2A)Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the M1Social Work (Scotland) Act 1968.]
(3)Expenses incurred under this Act by a police authority shall be defrayed in like manner as expenditure for administration of the police, . . . F6
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(7)A local authority, an education authority . . . F4 or a committee to whom any powers of any such authority under this Act have been delegated, may by resolution empower the clerk or other officer of the authority to exercise in the name of the authority in any case which appears to him to be one of urgency any powers of the authority or, as the case may be, of the committee with respect to the institution of proceedings under this Act.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F2Ss. 100, 101(1) repealed by National Assistance Act 1948 (c. 29), s. 62, Sch. 7 Pt. III
F3Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F4Words repealed by National Assistance Act 1948 (c. 29), s. 62, Sch. 7 Pt. III
F6Words repealed by Local Government (Scotland) Act 1947 (c. 43), s. 381, Sch. 14
F8Ss. 59(1), 60, 61, 65, 66, 68–81, 83–85, 87(6), 88–98, 101(5)(6), 106, 107(2), 109, 111, 112, Schs. 2, 3 repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F9S. 101(8) repealed by Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), Sch. 6 Pt. III
Marginal Citations
Textual Amendments
F10S. 102 repealed by Children Act 1948 (c. 43), Sch. 4 Pt. I
Textual Amendments
Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it shall be a defence to prove that the person was actually of or over that age.]
Textual Amendments
F12S. 103 added (1.4.1996) by 1995 c. 40. ss. 5, 7(2), Sch. 4 para. 3(1)(3)
In any proceedings under this Act a copy of an entry in the wages book of any employer of labour, or if no wages book be kept a written statement signed by the employer or by any responsible person in his employ, shall be evidence that the wages therein entered or stated as having been paid to any person, have in fact been so paid.
(1)Subject to the provisions of this Act, all orders of a court of summary jurisdiction under this Act shall be made, and all proceedings in relation to any such orders shall be taken, in manner [F13provided by the M2Criminal Procedure (Scotland) Act 1975].
(2)Any magistrate who, by virtue of a local Act had jurisdiction before the first day of April nineteen hundred and nine for any of the purposes of the M3Prevention of Cruelty to Children Act 1904, shall have jurisdiction for the like purposes of Part II of this Act.
Textual Amendments
F13Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 11
Marginal Citations
Textual Amendments
(1)There shall be paid out of money provided by Parliament—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
(b)any expenses incurred by the Secretary of State . . . F16 in the administration of this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Textual Amendments
F16Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
F17Ss. 59(1), 60, 61, 65, 66, 68–81, 83–85, 87(6), 88–98, 101(5)(6), 106, 107(2), 109, 111, 112, Schs. 2, 3 repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
Modifications etc. (not altering text)
C1Unreliable marginal note.
Textual Amendments
Textual Amendments
(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is say:—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
“Borstal institution” means an institution established under [F21section 31 of the M4Prisons (Scotland) Act 1952];
F22...
“Child” (except [F23in [F24Parts III and IV]] of this Act) means a person under the age of fourteen years;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
“Court of summary jurisdiction” means the sheriff or any two or more justices of the peace or any magistrate or magistrates by whatever name called officiating under the provisions of any general or local police Act;
“Guardian,” in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
“Justice” . . . F27 includes the sheriff and any such magistrate as aforesaid;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
“Legal guardian” in relation to a child or young person means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;
F22...
[F29“Local authority” means a [F30council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];
[F31“parental responsibilities” has the same meaning as in section 1(3) of the Children (Scotland) Act 1995 and includes the responsibilities which [F32 —]
a father would have as a parent but for the operation of section 3(1)(b) of that Act;
[F33a second female parent would have as a parent but for the operation of section 3(1)(d) of that Act.]]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
“Passage” includes common close, or common stair, or common passage;
[F34“place of safety” has the meaning give by section 93(1) of the Children (Scotland) Act 1995;]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
“Prescribed” means prescribed by regulations made by the Secretary of State . . . F36;
“Public place” includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
[F38[F34“residential establishment” has the meaning given by the said section 93(1);]]
“Street” includes any highway and any public bridge, road, lane, footway, square, court, alley or passage whether a thoroughfare or not;
[F39“Training school order” has the same meaning as in the M5Social Work (Scotland) Act 1968];
“Young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
(3)(a) For the purpose of any provision of this Act referring to a court acting for any place—
(i)a court entitled to exercise jurisdiction in any place shall be deemed to be a court acting for that place;
(ii)the sheriff court, and the justice of the peace court for any county . . . F27 shall each be deemed to be a court acting for the same place as the burgh or police court of any burgh situated in that county or area, as the case may be;
(iii)the sheriff court for any county shall be deemed to be a court acting for the same place as the justice of the peace court for that county;
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
(4)References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.
(5)References in this Act to any enactment or to any provision in any enactment shall, unless the context otherwise requires, be construed as references to that enactment or provision as amended by any subsequent enactment including this Act.
Textual Amendments
F20Definitions repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F21Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F22Words in s. 110 repealed (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 2 (with art. 3)
F23Words substituted by Education (Scotland) Act 1945 (c. 37), Sch. 4
F24Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10
F25Definition repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 9 para. 12
F26Definitions repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F27Words repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F28Definition repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F29Definition substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 81(a)
F30Words in s. 110(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 21; S.I. 1996/323, art. 4(1)(b)(c)
F31Definition of “parental responsibilities” inserted (1.11.1996 subject to arts. 4, 7 of the commencing S.I.) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F32Words in s. 110(1) renumbered as paragraph (a) (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(a); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)
F33Words in s. 110(1) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(b); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)
F34Definition of “place of safety” and “residential establishment” substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(b)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7)
F35Definition repealed by Police (Scotland) Act 1967 (c. 77), s. 52, Sch. 5 Pt. II
F36Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
F37Definition repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 9 para. 12
F38Definition added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10
F39Definition inserted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10
F40S. 110(2)(3)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F41S. 110(3)(a)(iv) repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
Modifications etc. (not altering text)
C2Jurisdiction of justice of the peace courts, burgh courts and police courts now exercisable by district courts: District Courts (Scotland) Act 1975 (c. 20), ss. 1(1), 3(1)
C3Reference to sheriff court for a county to be construed as reference to sheriff court of a sheriffdom: Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1
Marginal Citations
M41952. c. 61.
Textual Amendments
(1)This Act may be cited as the Children and Young Persons (Scotland) Act 1937.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
(3)Save as therein otherwise expressly provided, this Act shall extend only to Scotland.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
Textual Amendments
F43S. 113(2)(4), Sch. 4 repealed by Statute Law Revision Act 1950 (c. 6)
Modifications etc. (not altering text)
C4Unreliable marginal note.
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