Children and Young Persons Act 1963

MiscellaneousE+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.

(2)So much of subsection (5) of section 85 of the Local Government Act 1933 and [F1subsection (1) of section 3 of the M1Local Authority Social Services Act 1970] as restricts the matters that may be referred to or dealt with by committees established under [F1the said section 85 and section 2 of the said Act of 1970] respectively shall not apply in relation to any functions exercisable by a council in pursuance of this section.

Textual Amendments

Marginal Citations

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”.

F2(2)Section 49 of the principal Act and section 54 of the principal Scottish Act (which restrict newspaper reports of proceedings in [F3youth courts]) shall, with the necessary modifications, apply in relation to any proceedings on appeal from a [F3youth court] (including an appeal by case stated or, in Scotland, stated case) as they apply in relation to proceedings in a [F3youth court].

[F4(3)[F5Sections 39 and 49 of the principal Act] shall extend to Scotland and the said [F5section 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 [F5section 46] shall not include a court in England or Wales.]

(4)The said sections 39 and 49 and the said sections 46 . . . F6 shall, with the necessary modifications, apply in relation to sound and television broadcasts as they apply in relation to newspapers.

Textual Amendments

Modifications etc. (not altering text)

C2The 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.

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S