Children and Young Persons Act 1963

Part III U.K. Miscellaneous and General

Modifications etc. (not altering text)

C1 Pt. III (except s. 56) amended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

45—47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1, 45–47, 49 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 S. 48 repealed by (S.) Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) Children Act 1975 (c. 72), Sch. 4 Pt. V

49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 Ss. 1, 45–47, 49 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 S. 50 repealed by (S.) Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) Guardianship of Minors Act 1971 (c. 3), Sch. 2

51, 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 Ss. 51, 52 repealed by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pts. I, II

Children and young persons escaping to other parts of British Islands E+W+S

53 Arrest in one part of British Islands of children or young persons escaping in other part. E+W+S

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F7 S. 53(3) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Amendment of Adoption Act 1958 E+W+S

54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 54 repealed by Children Act 1975 (c. 72), Sch. 4 Pt. III

F9 55 Emigration with consent of Secretary of State. E+W+S

Section 52 of the M1 Adoption Act 1958 (which, subject to exceptions, requires the authority of a provisional adoption order for the taking or sending abroad for adoption of infants who are British subjects) shall not apply in the case of any infant emigrating under the authority of the Secretary of State given under . . . F10 section 17 of the M2 Children Act 1948 [F11 or section 23 of the M3 Social Work (Scotland) Act 1968] . . . F12

Textual Amendments

F9 s. 55 repealed (E.W.) (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F10 Words repealed by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 68 and Children and Young Persons Act 1969 (c. 54), Sch. 6

F11 Words inserted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 68

F12 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

Marginal Citations

M1 1958 c. 5 (7 & 8 Eliz. 2).

M2 1948 c. 43.

M3 1968 c. 49.

Miscellaneous E+W+S

56 Prosecution of offences under Part I or Part II of principal Act. E+W

(1) Without prejudice to section 98 of the principal Act (which authorises a local education authority to institute proceedings for an offence under Part I or Part II of that Act) any such proceedings may be instituted by the council of a county or county borough, whether or not the council are the local education authority, and may, where the council are the local education authority, be instituted by them otherwise than in that capacity.

[F13 (1A) Subsection (1) above shall have effect in relation to Wales as if the reference to a county were a reference to a Welsh county or county borough.]

F14 (2) So much of subsection (5) of section 85 of the Local Government Act 1933 F14 ... as restricts the matters that may be referred to or dealt with by committees established under [F15 the said section 85]F14 ... shall not apply in relation to any functions exercisable by a council in pursuance of this section.

Textual Amendments

F13 S. 56(1A) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 4(1) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F14 Words in s. 56(2) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F15 Words substituted by Local Authority Social Services Act 1970 (c. 42), Sch. 2 para. 10

57 Newspaper and broadcast reports of proceedings involving children. E+W+S

(1) In section 39 of the principal Act and in section of the principal Scottish Act (which empower a court to prohibit the publication in newspapers of pictures or matter leading to the identifleation of children and young persons concerned in certain proceedings) the words “which arise out of any offence against, or any conduct contrary to, decency or morality” shall be omitted and for the word “against” in paragraph (a) there shall be substituted the words “by or against”.

F16 (2) F17 . . . section 54 of the principal Scottish Act (which restrict newspaper reports of proceedings in [F18 youth courts]) shall, with the necessary modifications, apply in relation to any proceedings on appeal from a [F18 youth court] (including F17 . . ., in Scotland, stated case) as they apply in relation to proceedings in a [F18 youth court].

[F19 (3) [F20 Sections 39 and 49 of the principal Act] shall extend to Scotland and the said [F20 section 46] shall extend to England and Wales, but—

(a) references to a court in the said sections 39 and 49 shall not include a court in Scotland; and

(b) references to a court in the said [F20 section 46] shall not include a court in England or Wales.]

(4) The said sections 39 and 49 and the said sections 46 . . . F21 shall, with the necessary modifications, apply in relation to sound and television broadcasts as they apply in relation to newspapers.

Textual Amendments

F16 S. 57(2) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F17 Words in s. 57(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

F18 Words in s. 57 substituted (1.10.1992) (E.W.) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(e); S.I. 1992/333, art. 2(2), Sch. 2

F19 S. 57(3) substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 53

F20 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 45

F21 Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Modifications etc. (not altering text)

C2 The “said section 46” means Children and Young Persons (Scotland) Act 1937 (c. 37), s. 46

C3 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) 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.

C4 S. 57(4) amended (prosp.)(retrospectively) by 1999 c. 23, ss. 67(1), 68(3), Sch. 4 paras. 21, 24 (with Sch. 7 paras. 3(3), 5(2))

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W+S

Textual Amendments

F22 S. 58 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W+S

Textual Amendments

F23 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

Supplementary provisions E+W+S

60 Expenses. E+W+S

There shall be paid out of moneys provided by Parliament any expenses incurred by the Secretary of State under this Act and any increase attributable to this Act in the moneys so payable under any other enactment.

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W

Textual Amendments

F24 Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W+S

Textual Amendments

F25 S. 62, Sch. 4 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. VII

63 Interpretation. E+W+S

(1) In this Act “the principal Act” means the M4 Children and Young Persons Act 1933 and “the principal Scottish Act” means the M5 Children and Young Persons (Scotland) Act 1937.

[F26 (1A) The local authorities for the purposes of Parts I and III of this Act shall be the councils of counties (other than metropolitan counties [F27 of county boroughs,]), of metropolitan districts and of London boroughs and the Common Council of the City of London.]

(2) References in this Act to any enactment are references thereto as amended and include references thereto as applied, by any other enactment including, except where the context otherwise requires, any enactment contained in this Act.

Textual Amendments

F26 S. 63(1A) inserted (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 5 para. 18

F27 Words in s. 63(1A) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 4(2) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Marginal Citations

M4 1933 c. 12.

M5 1937 c. 37.

64 †Amendments, transitional provisions, and repeals. E+W+S

(1) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments specified therein.

F28 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F28 S. 64(2) repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch.1 Pt. VIII

F29 Ss. 21, 64(3), Sch. 3 paras. 1–3, 8, 12, 39, Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

Modifications etc. (not altering text)

C5 Unreliable marginal note.

C6 The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) 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.

65 Citation, construction, commencement and extent. E+W+S

(1) This Act may be cited as the Children and Young Persons Act 1963.

(2) This Act and the Children and Young Persons Acts 1933 to 1956 may be cited as the Children and Young Persons Acts 1933 to 1963, and this Act and the Children and Young Persons (Scotland) Acts 1937 and 1956 may be cited as the Children and Young Persons (Scotland) Acts 1937 to 1963.

(3) This Act, except in so far as it amends any Act not construed as one with the principal Act or the principal Scottish Act, shall be construed, in its application to England and Wales, as one with the principal Act and, in its application to Scotland, as one with the principal Scottish Act.

(4) The following provisions of this Act do not extend to Scotland, that is to say, Part I except sections 1, 10 and 32, sections 56 and 61, and Schedules 1 and 2 and Schedule 4 except paragraph 3.

(5) F30 sections 42 . . . F30 of this Act, paragraphs 7, 8, . . . F30 and 50 of Schedule 3, and so much of Schedule 5 as relates to section 25 and section 26 of the principal Act, extend to Northern Ireland.

(6) This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes; and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the time at which that provision comes into operation.

Textual Amendments

F30 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

Modifications etc. (not altering text)

C7 Power of appointment conferred by s. 65(6) fully exercised: S.I. 1963/1561, 2056, 1968/1727