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Children and Young Persons (Scotland) Act 1937
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36 Powers of entry.S
(1)If it is made to appear to a justice by the education authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act or of a byelaw [F1or regulation] made thereunder are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the education authority, or to a constable, empower him to enter, at any reasonable time within forty-eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in [F2a performance], [F3being trained, taking part in a sport, or working as a model,] and to make inquiries therein with respect to that person.
[F4(2)Any authorised officer of the said authority or any constable may—
(a)at any time enter any place used as a broadcasting studio . . . F5or film studio or used for the recording of a performance with a view to its use in a [F6programme service]or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which [F7subsection (2) of]section 37 of the M1Children and Young Persons Act 1963 applies;
(b)at any time during the currency of a licence granted under the said section 37 or under the provisions of this Part of this Act relating to training for dangerous performances enter any place (whether or not it is such a place as is mentioned in paragraph (a) of this subsection) where the person to whom the licence relates is authorised by the licence to [F8do anything] or to be trained, and may make inquiries therein with respect to the person.]
(3)Any person who obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any inquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding [F9level 2 on the standard scale].
[F10(4)In this section—
“broadcasting studio” means a studio used in connection with the provision of a programme service;
“programme service” has the same meaning as in the Broadcasting Act 1990]
Textual Amendments
F1Words inserted (prosp.) by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 7
F2Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 31
F3Words in s. 36(1) substituted (4.8.1998) by S.I. 1998/276, reg. 11(a)
F4S. 36(2) substituted by Children and Young Persons Act 1963 (c. 37), s. 43
F5Words inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s.57(1), Sch. 5 para 5(1) and repealed by Broadcasting Act 1990 (c. 42. SIF 96). s.203(1)(3), Sch. 12 Part II para. 1, Sch. 20 para. 4(1)(a). Sch. 21
F6Words substituted by virtue of Broadcasting Act 1990 (c. 42. SIF 96). s.203(1)(3), Sch. 20 para. 4(1)(a)
F7Words in s. 36(2)(a) substituted (4.8.1998) by S.I. 1998/276, reg. 11(b)
F8Words in s. 36(2)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 11(c)
F9Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F10S. 36(4) inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96) s. 57(1), Sch. 5 para. 5(2) (which is repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21 the repeal being in force subject as mentioned in art. 3(3) of S.I. 1990/2347) and is substituted by virtue of s. 203(1), Sch. 2() para. 4(1)(b) of that 1990 Act
Modifications etc. (not altering text)
C1S. 36(1) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1 (6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)
C2S. 36(3) extended by Employment of Women, Young Persons, and Children Act 1920 (c.65, SIF 43:4), s. 1 (6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)
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