Part VII Miscellaneous and General

Supplementary

94 Interpretation.

1

In this Act, except where otherwise expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

  • “approved school” means a school approved by the Secretary of State under section 79 of the M1Children and Young Persons Act 1933,

  • “approved school order” has the meaning assigned to it by section 107(1) of the M2Children and Young Persons Act 1933,

  • “children’s panel” and “children’s hearing” have the meanings respectively assigned to them by sections 33(1) and 34(1) of this Act,

  • “compulsory measures of care” means, in relation to a child, such measure of care as may be imposed upon him by a children’s hearing,

  • “constable” means a constable of a police force within the meaning of the M3Police (Scotland) Act 1967,

  • “contributor” and “contribution order” have the meanings respectively assigned to them by sections 78 and 80 of this Act,

  • F1“domiciliary services” means any services, being services provided in the home, which appear to a local authority to be necessary for the purpose of enabling a person to maintain as independent an existence as is practicable in his home;

  • “establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides non-residential accommodation for the purposes of this Act, whether for reward or not,

  • “functions” shall include powers and duties,

  • “guardian” means a person appointed by deed or will or by order of a court of competent jurisdiction to be F2the tutor, curator or guardian, of a child, or in relation to a child includes any person who, in the opinion of the court or children’s hearing having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the F2custody or charge of or control over the child,

  • “hospital” means—

a

any hospital vested in the Secretary of State under the M4National Health Service (Scotland) Act F31978,

F4aa

any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978;

b

any private hospital registered under the F5Mental Health (Scotland) Act 1984, and

c

any State hospital, within the meaning of F5Part VIII of the said Act of 1984,

  • “local authority”, in relation to Scotland, has the meaning assigned to it by section 1(2) of this Act,

  • “maintainable child” has the meaning assigned to it by section 78 of this Act,

  • “mental disorder” has the meaning assigned to it by F6section 1(2) of the Mental Health (Scotland) Act 1984,

  • “mental health officer” means an officer of a local authority appointed to act as a mental health officer for the purposes of the F7said Act of 1984,

  • “parent” means either or both parents and,—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

b

in relation to a child who is illegitimate, means his mother to the exclusion of his father,

  • “performance”, in relation to functions, includes the exercise of powers as well as the performance of duties, and “perform” shall be construed accordingly,

  • “persons in need” means persons who,

a

are in need of care and attention arising out of infirmity, youth or age; or

b

suffer from illness or mental disorder or are substantially handicapped by any deformity or disability; or

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

d

being persons prescribed by the Secretary of State who have asked for assistance, are, in the opinion of a local authority, persons to whom the authority may appropriately make available the services and facilities provided by them under this Act,

  • “place of safety” means any residential or other establishment provided by a local authority, a police station, or any hospital, surgery or other suitable place, the occupier of which is willing temporarily to receive a child,

  • F10“prescribed” means—

a

in F11sections 3 and 36, prescribed by regulations,

b

in section 44, prescribed by rules, and

c

in sections F1227A, 27B, 62(2), F1364A(3), 66(1) and (2), 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,

F14and “prescribe” shall be construed accordingly.

  • “probation order”, in relation to an order imposed by a court in England or Wales, has the meaning assigned to it by F15section 2 of the M5Powers of Criminal Courts Act 1973, and in relation to such an order, imposed by a court in Northern Ireland, has the same meaning as in the M6Probation Act (Northern Ireland) 1950,

  • “residential establishment” means an establishment managed by a local authority, voluntary organisation or any other person, which provides residential accommodation for the purposes of this Act, whether for reward or not,

  • F16“school age” shall be construed in accordance with section F1731 of the M7Education (Scotland) Act 1980,

  • “supervision order”, in relation to an order imposed by a court in England or Wales, F18has the meaning assigned to it by section 5 of the M8Children and Young Persons Act 1963 F19and includes a supervision order within the meaning of the M9Children and Young Persons Act 1969F18means a supervision order under the Children and Young Persons Act 1969 Act or the Children Act 1989, and in relation to an order imposed by a court in Northern Ireland has the meaning assigned to it by section 63(1)(d) of the M10Children and Young Persons Act (Northern Ireland) 1950,

  • “supervision requirement” has the meaning assigned to it by section 44(1) of this Act,

  • “training school” means a school approved by the Ministry of Home Affairs for Northern Ireland under section 106 of the M11Children and Young Persons Act (Northern Ireland) 1950,

  • “training school order” means an order made by a court in Northern Ireland sending a child or young person to a training school,

  • “voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority,

  • “welfare authority” means a welfare authority constituted under the M12Public Health and Local Government (Administrative Provisions) Act (Northern Ireland) 1946.

2

Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied by or under any other enactment including this Act.

3

Without prejudice to the last foregoing subsection, any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, 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 passed after this Act and re-enacting the said enactment with or without modifications.