Children and Young Persons Act 1969

1969 CHAPTER 54

An Act to amend the law relating to children and young persons; and for purposes connected therewith.

[22nd October 1969]

Modifications etc. (not altering text)

C1 Act extended by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para. 7(3) , Sch. 12 paras. 8, 10, 18, Air Force Act 1955 (c. 19, SIF 7:1), Sch. 5A para. 7(3) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para. 7(3); (which amendments cease to apply when Sch. 5A para. 7(3) of the Army Act 1955, Sch. 5A para 7(3) of the Air Force Act 1955 and Sch. 4A para. 7(3) of the Naval Discipline Act 1957 are substituted (14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 paras.8,10,18; S.I. 1991/828, art.(2))

C2 Act extended (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 390(4)

Part I U.K. Care and other treatment of juveniles through court proceedings

[F1 Care of children and young persons through juvenile courts] E+W

Textual Amendments

F1 Ss. 1–3 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

1 Care proceedings in juvenile courts. E+W

(1) Any local authority, constable or authorised person who reasonably believes that there are grounds for making an order under this section in respect of a child or young person may, subject to section 2(3) and (8) of this Act, bring him before a juvenile court.

(2) If the court before which a child or young person is brought under this section is of opinion that any of the following conditions is satisfied with respect to him, that is to say—

(a) his proper development is being avoidably prevented or neglected or his health is being avoidably impaired or neglected or he is being ill-treated; or

(b) it is probable that the condition set out in the preceding paragraph will be satisfied in his case, having regard to the fact that the court or another court has found that that condition is or was satisfied in the case of another child or young person who is or was a member of the household to which he belongs; or

[F2 (bb) it is probable that the conditions set out in paragraph (a) of this subsection will be satisfied in his case, having regard to the fact that a person who has been convicted of an offence mentioned in Schedule 1 to the Act of 1933, including a person convicted of such an offence on whose conviction for the offence an order was made under Part I of the M1 Powers of Criminal Courts Act 1973 placing him on probation or discharging him absolutely or conditionally is, or may become, a member of the same household as the child or young person;]

(c) he is exposed to moral danger; or

(d) he is beyond the control of his parent or guardian; or

(e) he is of compulsory school age within the meaning of the M2 Education Act 1944 and is not receiving efficient full-time education suitable to his age, ability and aptitude [F3 and to any special educational needs he may have]; or

(f) he is guilty of an offence, excluding homicide,

and also that he is in need of care or control which he is unlikely to receive unless the court makes an order under this section in respect of him, then, subject to the following provisions of this section and sections 2 and 3 of this Act, the court may if it thinks fit make such an order.

(3) The order which a court may make under this section in respect of a child or young person is—

(a) an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him; or

(b) a supervision order; or

(c) a care order (other than an interim order); or

(d) a hospital order within the meaning of [F4 Part III of the M3 Mental Health Act 1983]; or

(e) a guardianship order within the meaning of that Act.

(4) In any proceedings under this section the court may make orders in pursuance of paragraphs (c) and (d) of the preceding subsection but subject to that shall not make more than one of the orders mentioned in the preceding subsection, without prejudice to any power to make a further order in subsequent proceedings of any description; and if in proceedings under this section the court makes one of those orders and an order so mentioned is already in force in respect of the child or young person in question, the court may discharge the earlier order unless it is a hospital or guardianship order.

(5) An order under this section shall not be made in respect of a child or young person—

(a) in pursuance of paragraph (a) of subsection (3) of this section unless the parent or guardian in question consents;

(b) in pursuance of paragraph (d) or (e) of that subsection unless the conditions which, under [F5 section 37 of the said Act of 1983], are required to be satisfied for the making of a hospital or guardianship order in respect of a person convicted as mentioned in that section are satisfied in his case so far as they are applicable;

(c) if he has attained the age of sixteen and is or has been married.

(6) In this section “authorised person” means a person authorised by order of the Secretary of State to bring proceedings in pursuance of this section and any officer of a society which is so authorised, and in sections 2 and 3 of this Act “care proceedings” means proceedings in pursuance of this section and “relevant infant” means the child or young person in respect of whom such proceedings are brought or proposed to be brought.

Textual Amendments

F2 S. 1(2)(bb) substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 10

F3 Words inserted by Education Act 1981 (c. 60, SIF 41), Sch. 3 para. 9

F4 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 26(a)

F5 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 26(b)

Modifications etc. (not altering text)

C3 S. 1(2) restricted by Child Abduction and Custody Act 1985 (c. 60, SIF 20), ss. 9(a), 12, 20(2)(a), Sch. 1 art. 16

Marginal Citations

M1 1973 c. 62(39:1).

M2 1944 c. 31(41:1).

M3 1983 c. 20(85).

[F6 2 Provisions supplementary to s. 1. E+W

(1) If a local authority receive information suggesting that there are grounds for bringing care proceedings in respect of a child or young person who resides or is found in their area, it shall be the duty of the authority to cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary.

(2) If it appears to a local authority that there are grounds for bringing care proceedings in repect of a child or young person who resides or is found in their area, it shall be the duty of the authority to exercise their power under the preceding section to bring care proceedings in respect of him unless they are satisfied that it is neither in his interest nor the public interest to do so or that some other person is about to do so or to charge him with an offence.

(3) No care proceedings shall be begun by any person unless that person has given notice of the proceedings to the local authority for the area in which it appears to him that the relevant infant resides or, if it appears to him that the relevant infant does not reside in the area of a local authority, to the local authority for any area in which it appears to him that any circumstances giving rise to the proceedings arose; but the preceding provisions of this subsection shall not apply where the person by whom the notice would fall to be given is the local authority in question.

(4) Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of the relevant infant before the court in which care proceedings are brought or proposed to be brought in respect of him; but [F7 subsections (3) and (4) of section 55 of the M4 Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the words “cannot be served or”.

(5) Where the relevant infant is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court aforesaid, the person in whose custody he is—

(a) may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b) shall within that period, unless within it the relevant infant is brought before the court aforesaid, bring him before a justice;

and the justice shall either make an interim order in respect of him or direct that he be released forthwith.

(6) [F8 Section 97 of the M5 Magistrates’ Courts Act 1980] (under which a summons or warrant may be issued to secure the attendance of a witness) shall apply to care proceedings as it applies to the hearing of a complaint.

(7) In determining whether the condition set out in subsection (2)(b) of the preceding section is satisfied in respect of the relevant infant, it shall be assumed that no order under that section is to be made in respect of him.

(8) In relation to the condition set out in subsection (2)(e) of the preceding section the references to a local authority in that section and subsections (1), (2) and (11) (b) of this section shall be construed as references to a local education authority; and in any care proceedings—

(a) the court shall not entertain an allegation that that condition is satisfied unless the proceedings are brought by a local education authority; and

(b) the said condition shall be deemed to be satisfied if the relevant infant is of the age mentioned in that condition and it is proved that he—

(i) is the subject of a school attendance order which is in force under section 37 of the M6 Education Act 1944 and has not been complied with, or

(ii) is a registered pupil at a school which he is not attending regularly within the meaning of section 39 of that Act, or

(iii) is a person whom another person habitually wandering from place to place takes with him,

unless it is also proved that he is receiving the education mentioned in that condition;

but nothing in paragraph (a) of this subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether that condition is satisfied in respect of the relevant infant.

(9) If on application under this subsection to the court in which it is proposed to bring care proceedings in respect of a relevant infant who is not present before the court it appears to the court that he is under the age of five and either—

(a) it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed by rules under [F9 section 144 of the M7 Magistrates’ Courts Act 1980], that notice of the proposal to bring the proceedings at the time and place at which the application is made was served on the parent or guardian of the relevant infant at what appears to the court to be a reasonable time before the making of the application; or

(b) it appears to the court that his parent or guardian is present before the court

the court may if it thinks fit, after giving the parent or guardian if he is present an opportunity to be heard, give a direction under this subsection in respect of the relevant infant; and a relevant infant in respect of whom such a direction is given by a court shall be deemed to have been brought before the court under section 1 of this Act at the time of the direction, and care proceedings in respect of him may be continued accordingly.

(10) If the court before which the relevant infant is brought in care proceedings is not in a position to decide what order, if any, ought to be made under the preceding section in respect of him, [F10 the court may make—

(a) an interim order; or

(b) an interim hospital order within the meaning of [F11 section 38 of the M8 Mental Health Act 1983]

in respect of him; but an order shall not be made in respect of the relevant infant in pursuance of paragraph (b) of this subsection unless the conditions which, under [F11 the said section 38], are required to be satisfied for the making of an interim hospital order in respect of a person convicted as mentioned in that section are satisfied in his case so far as they are applicable.]

(11) If it appears to the court before which the relevant infant is brought in care proceedings that he resides in a petty sessions area other than that for which the court acts, the court shall, unless it dismisses the case and subject to subsection (5) of the following section, direct that he be brought under the preceding section before a juvenile court acting for the petty sessions area in which he resides; and where the court so directs—

(a) it may make an interim order in respect of him and, if it does so, shall cause the clerk of the court to which the direction relates to be informed of the case;

(b) if the court does not make such an order it shall cause the local authority in whose area it appears to the court that the relevant infant resides to be informed of the case, and it shall be the duty of that authority to give effect to the direction within twenty-one days.

(12) The relevant infant [F12 or, in a case where a parent or guardian of his was a party to the care proceedings by virtue of an order under section 32A of this Act, the parent or guardian] may appeal to [F13 the Crown court] against any order made in respect of [F14 the relevant infant] under the preceding section except such an order as is mentioned in subsection (3)(a) of that section.

(13) Such an order as is mentioned in subsection (3)(a) of the preceding section shall not require the parent or guardian in question to enter into a recognisance for an amount exceeding [F15 £1,000] or for a period exceeding three years or, where the relevant infant will attain the age of eighteen in a period shorter than three years, for a period exceeding that shorter period; and [F16 section 120 of the M9 Magistrates’ Courts Act 1980] (which relates to the forfeiture of recognisances) shall apply to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace.

(14) For the purposes of this Act, care proceedings in respect of a relevant infant are begun when he is first brought before a juvenile court in pursuance of the preceding section in connection with the matter to which the proceedings relate.]

Textual Amendments

F6 Ss. 1–3 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F7 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 78(a)

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 78(b)

F9 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5

F10 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 44

F11 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 26(c)

F12 Words inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(1), 6

F13 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F14 Words substituted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(1), 6

F15 Words substituted by S.I. 1984/447, Sch. 1

F16 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 78(c)

Modifications etc. (not altering text)

C4 S. 2(11) restricted by S.I. 1988/913, rules 13(1), 27(1)

C5 Power to amend s. 2(13) conferred by Magistrate's Courts Act 1980 (c. 43, SIF 82), s. 143(2)(i) (as added by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(b))

Marginal Citations

M4 1980 c. 43(82).

M5 1980 c. 43(82).

M6 1944 c. 31(41:1).

M7 1980 c. 43(82).

M8 1983 c. 20(85).

M9 1980 c. 43(82).

[F17 3 Further supplementary provisions relating to s. 1(2)(f) E+W

(1) In any care proceedings, no account shall be taken for the purposes of the condition set out in paragraph (f) of subsection (2) of section 1 of this Act (hereafter in this section referred to as “the offence condition”) of an offence alleged to have been committed by the relevant infant if—

(a) in any previous care proceedings in respect of him it was alleged that the offence condition was satisfied in consequence of the offence; or

(b) the offence is a summary offence. . . F18 and, disregarding section 4 of this Act, the period for beginning summary proceedings in respect of it expired before the care proceedings were begun; or

(c) disregarding section 4 of this Act, he would if charged with the offence be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(2) In any care proceedings the court shall not entertain an allegation that the offence condition is satisfied in respect of the relevant infant unless the proceedings are brought by a local authority or a constable [F19 and, in the case of proceedings brought by a constable, the Director of Public Prosecutions has consented to the allegation being made]; but nothing in this or the preceding subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether the offence condition is satisfied in respect of the relevant infant.

(3) If in any care proceedings the relevant infant is alleged to have committed an offence in consequence of which the offence condition is satisfied with respect to him, the court shall not find the offence condition satisfied in consequence of the offence unless, disregarding section 4 of this Act, it would have found him guilty of the offence if the proceedings had been in pursuance of an information duly charging him with the offence and the court had had jurisdiction to try the information; and without prejudice to the preceding provisions of this subsection the same proof shall be required to substantiate or refute an allegation that the offence condition is satisfied in consequence of an offence as is required to warrant a finding of guilty, or as the case may be, of not guilty of the offence.

(4) A person shall not be charged with an offence if in care proceedings previously brought in respect of him it was alleged that the offence condition was satisfied in consequence of that offence.

(5) If in any care proceedings in which it is alleged that the offence condition is satisfied in respect of the relevant infant it appears to the court that the case falls to be remitted to another court in pursuance of subsection (11) of the preceding section but that it is appropriate to determine whether the condition is satisfied before remitting the case, the court may determine accordingly; and any determination under this subsection shall be binding on the court to which the case is remitted.

[F20 (6) Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant, then, whether or not the court makes an order under section 1 of this Act—

(a) section 35 of the M10 Powers of Criminal Courts Act 1973 (which relates to compensation for personal injury and loss of or damage to property) shall apply as if the finding were a finding of guilty of the offence; and

(b) it shall be the duty of the court, subject to subsections (6A) and (6B) of this section, to order that any sum awarded by virtue of this section be paid by the relevant infant’s parent or guardian instead of by the relevant infant, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(6A) An order shall not be made in pursuance of the preceding subsection unless the parent or guardian has been given an opportunity of being heard or has been required to attend the proceedings and failed to do so.

(6B) where the finding that the offence condition is satisfied is made in pursuance of subsection (5) of this section, the powers conferred by subsection (6) of this section shall be exercisable by the court to which the case is remitted instead of by the court which made the finding.]

(7) Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant and he is a young person, the court may if it thinks fit and he consents, instead of making such an order as is mentioned in section 1(3) of this Act, order him to enter into a recognisance for an amount not exceeding [F21 £50] and for a period not exceeding one year to keep the peace or to be of good behaviour; and such an order shall be deemed to be an order under section 1 of this Act but no appeal to [F22 the Crown court] may be brought against an order under this subsection.

(8) Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant in consequence of an offence which was not admitted by him before the court, then—

(a) if the finding is made in pursuance of subsection (5) of this section and the court to which the case is remitted decides not to make any order under section 1 of this Act in respect of the relevant infant; or

(b) if the finding is not made in pursuance of that subsection and the court decides as aforesaid,

the relevant infant may appeal to [F23 the Crown court] against the finding, and in a case falling within paragraph (a) of this subsection any notice of appeal shall be given within [F24 twenty-one days] after the date of the decision mentioned in that paragraph; and a person ordered to pay compensation by virtue of subsection (6) of this section may appeal to [F23 the Crown court] against the order.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 ]

Textual Amendments

F17 Ss. 1–3 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F18 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

F19 Words inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 27

F20 S. 3(6)(6A)(6B) substituted for s. 3(6) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 27

F21 Words substituted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 58(3)

F22 Words substituted by Courts Act 1971 (c. 23, SIF 37), Sch. 8 para. 59(1)

F23 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F24 Words substituted by S.I. 1982/1109, Sch. 3 Pt. II para. 6

F25 S. 3(9) repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt IV

Marginal Citations

M10 1973 c. 62(39:1).

Consequential changes in criminal proceedings etc. E+W+S

Prospective

4 Prohibition of criminal proceedings for offences by children. E+W

A person shall not be charged with an offence, except homicide, by reason of anything done or omitted while he was a child.

5 Restrictions on criminal proceedings for offences by young persons. E+W

(1) A person other than a qualified informant shall not lay an information in respect of an offence if the alleged offender is a young person.

(2) A qualified informant shall not lay an information in respect of an offence if the alleged offender is a young person unless the informant is of opinion that the case is of a description prescribed in pursuance of subsection (4) of this section and that it would not be adequate for the case to be dealt with by a parent, teacher or other person or by means of a caution from a constable or through an exercise of the powers of a local authority or other body not involving court proceedings or by means of proceedings under [F26 section 1 of this Act][F26 Part IV of the Children Act 1989].

(3) A qualified informant shall not come to a decision in pursuance of the preceding subsection to lay an information unless—

(a) he has told the appropriate local authority that the laying of the information is being considered and has asked for any observations which the authority may wish to make on the case to the informant; and

(b) the authority either have notified the informant that they do not wish to make such observations or have not made any during the period or extended period indicated by the informant as that which in the circumstances he considers reasonable for the purpose or the informant has considered the observations made by the authority during that period;

but the informant shall be entitled to disregard the foregoing provisions of this subsection in any case in which it appears to him that the requirements of the preceding subsection are satisfied and will continue to be satisfied notwithstanding any observations which might be made in pursuance of this subsection.

(4) The Secretary of State may make regulations specifying, by reference to such considerations as he thinks fit, the descriptions of cases in which a qualified informant may lay an information in respect of an offence if the alleged offender is a young person; but no regulations shall be made under this subsection unless a draft of the regulations has been approved by a resolution of each House of Parliament.

(5) An information laid by a qualified informant in a case where the informant has reason to believe that the alleged offender is a young person shall be in writing and shall—

(a) state the alleged offender’s age to the best of the informant’s knowledge; and

(b) contain a certificate signed by the informant stating that the requirements of subsections (2) and (3) of this section are satisfied with respect to the case or that the case is one in which the requirements of the said subsection (2) are satisfied and the informant is entitled to disregard the requirements of the said subsection (3).

(6) If at the time when justices begin to inquire into a case, either as examining justices or on the trial of an information, they have reason to believe that the alleged offender is a young person and either—

(a) it appears to them that the person who laid the information in question was not a qualified informant when he laid it; or

(b) the information is not in writing or does not contain such a certificate as is mentioned in subsection (5)(b) of this section,

it shall be their duty to quash the information, without prejudice to the laying of a further information in respect of the matter in question; but no proceedings shall be invalidated by reason of a contravention of any provision of this section and no action shall lie, by reason only of such a contravention, in respect of proceedings in respect of which such a contravention has occurred.

(7) Nothing in the preceding provisions of this section applies to an information laid with the consent of the Attorney General or laid by or on behalf or with the consent of the Director of Public Prosecutions.

(8) It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.

(9) In this section—

• “the appropriate local authority”, in relation to a young person, means the local authority for the area in which it appears to the informant in question that the young person resides or, if the young person appears to the informant not to reside in the area of a local authority, the local authority in whose area it is alleged that the relevant offence or one of the relevant offences was committed; and

• “qualified informant” means a servant of the Crown, a police officer and a member of designated police force acting in his capacity as such a servant, officer or member, a local authority, the Greater London Council, the council of a [F27 district] and any body designated as a public body for the purposes of this section;

and in this subsection “designated” means designated by an order made by the Secretary of State; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.

Textual Amendments

F26 Words “Part IV of the Children Act 1989” substituted (prosp.) for words “section 1 of this Act” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 20, Sch. 14 para. 1(1)

F27 Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W

Textual Amendments

F28 S. 6 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9

7 Alterations in treatment of young offenders etc. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(3),(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(5) An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.

X1 (6) Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.

(7) Subject [F32 to subsection (7A) of this section and] to the enactments requiring cases to be remitted to juvenile courts and to section 53(1) of the Act of 1933 (which provides for detention for certain crimes), where a child is found guilty of homicide or a young person is found guilty of any offence by or before any court, that court or the court to which his case is remitted shall have power—

[F33 (a) if the offence is punishable in the case of an adult with imprisonment, to make a care order (other than an interim order) in respect of him; or]

(b) to make a supervision order in respect of him; or

(c) with the consent of his parent or guardian, to order the parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,

and, if it makes such an order as is mentioned in this subsection while another such order made by any court is in force in respect of the child or young person, shall also have power to discharge the earlier order; [F34 and subsection (13) of section 2 of this Act shall apply to an order under paragraph (c) of this subsection as it applies to such an order as is mentioned in that subsection.]

[F35 (7A) A court shall not make a care order under subsection (7) of this section in respect of a child or young person unless it is of opinion—

(a) that a care order is appropriate because of the seriousness of the offence; and

(b) that the child or young person is in need of care or control which he is unlikely to receive unless the court makes a care order.]

[F36 (7B) An order under subsection (7)(c) of this section shall not require a person to enter into a recognisance—

(a) for an amount exceeding £1,000; or

(b) for a period exceeding—

(i) three years; or

(ii) where the young person concerned will attain the age of eighteen in a period shorter than three years, that shorter period.

(7C) Section 120 of the Magistrates’ Courts Act 1980 shall apply to a recognisance entered into in pursuance of an order under subsection (7)(c) of this section as it applies to a recognisance to keep the peace.]

(8) Without prejudice to the power to remit any case to a juvenile court which is conferred on a magistrates’ court other than a juvenile court by section 56(1) of the Act of 1933, in a case where such a magistrates’ court finds a person guilty of an offence and either he is a young person or was a young person when the proceedings in question were begun it shall be the duty of the court to exercise that power unless the court [F37 is of the opinion that the case is one which can properly be dealt with by means of—

(a) an order discharging him absolutely or conditionally; or

(b) an order for the payment of a fine; or

(c) an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,

with or without any other order that the court has power to make when absolutely or conditionally discharging an offender.]

Editorial Information

X1 The text of s. 7(6) 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.

Textual Amendments

F29 S. 7(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F30 S. 7(2) repealed by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 6

F31 S. 7(3)(4) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F32 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 23(a) and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F33 S. 7(7)(a) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), 36(3)(a), Sch. 15

F34 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para 27(4) Sch. 15

F35 S. 7(7A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 23(b) and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F36 S. 7(7B)(7C) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 21, Sch. 14 para. 1(1)

F37 Words substituted by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 5

Modifications etc. (not altering text)

C6 31.12.1970 specified for purposes of s. 7(5) by S.I. 1970/1499, art. 2

[F38 7A Legal representation. E+W

(1) A court shall not make a care order under section 7(7) of this Act in respect of a child or young person who is not legally represented in that court unless either—

(a) he applied for legal aid and the application was refused on the ground that it did not appear that his means were such that he required assistance; or

(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(2) For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before a care order is made, and in this section “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to the making of the care order; but in the case of a person committed to the Crown Court for sentence or trial, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed him.]

Textual Amendments

F38 S. 7A inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 24 and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Prospective

8 Fingerprinting of suspected young persons. E+W

(1) If a police officer not below the rank of inspector makes an application on oath to a justice stating—

(a) that there is evidence sufficient to justify the laying of an information that a young person has or is suspected of having committed an offence punishable with imprisonment in the case of an adult; and

(b) that with a view to deciding, in accordance with section 5 of this Act, whether the information should be laid it is appropriate in the opinion of the officer for an order under subsection (2) of this section to be made in respect of the young person,

the justice may if he thinks fit issue a summons or warrant for the purpose of securing the attendance of the young person before a magistrates’ court with a view to the making of such an order in respect of him.

(2) The court before which a young person appears in pursuance of a summons or warrant under the preceding subsection may if it thinks fit order his finger and palm prints to be taken by a constable.

(3) [F39 Subsections (2) and (4) of section 49 of the M11 Magistrates’ Court Act 1980] (which respectively relate to the taking and destruction of finger and palm prints) shall have effect as if references to an order under that section included references to an order under the preceding subsection and, in relation to an order under the preceding subsection, as if for the words from “remanded” to “committed” in subsection (2) there were substituted the words “lawfully detained at any place, at that place”F40 . . ..

Textual Amendments

F39 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 80

F40 Words in s. 8(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)

Marginal Citations

M11 1980 c. 43(82).

8 Fingerprinting of suspected young persons. E+W

(1) If a police officer not below the rank of inspector makes an application on oath to a justice stating—

(a) that there is evidence sufficient to justify the laying of an information that a young person has or is suspected of having committed an offence punishable with imprisonment in the case of an adult; and

(b) that with a view to deciding, in accordance with section 5 of this Act, whether the information should be laid it is appropriate in the opinion of the officer for an order under subsection (2) of this section to be made in respect of the young person,

the justice may if he thinks fit issue a summons or warrant for the purpose of securing the attendance of the young person before a magistrates’ court with a view to the making of such an order in respect of him.

(2) The court before which a young person appears in pursuance of a summons or warrant under the preceding subsection may if it thinks fit order his finger and palm prints to be taken by a constable.

(3) [F252 Subsections (2) and (4) of section 49 of the M82 Magistrates’ Court Act 1980] (which respectively relate to the taking and destruction of finger and palm prints) shall have effect as if references to an order under that section included references to an order under the preceding subsection and, in relation to an order under the preceding subsection, as if for the words from “remanded” to “committed” in subsection (2) there were substituted the words “lawfully detained at any place, at that place”[F253 and as if the reference to acquittal in subsection (4) included a reference to a finding of a court that the condition set out in section 1(2)(f) of this Act is not satisfied in consequence of the offence specified in the application mentioned in subsection (1) of this section.]

Textual Amendments

F252 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 80

F253 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Marginal Citations

M82 1980 c. 43(82).

9 Investigations by local authorities. E+W

(1) Where a local authority or a local education authority bring [F41 proceedings under section 1 of this Act or] proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.

(2) If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.

Textual Amendments

F41 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

10 Further limitations on publication of particulars of children and young persons etc. E+W+S

(1) In subsection (1) of section 49 of the Act of 1933 (which among other things imposes restrictions on reports of certain court proceedings concerning children or young persons but authorises the court or the Secretary of State, if satisfied that it is in the interests of justice to do so, to dispense with the requirements of that section)—

(a) the references to a young person concerned in the proceedings as the person in respect of whom they are taken shall be construed as including references to any person who has attained the age of seventeen but not eighteen and against or in respect of whom the proceedings are taken and, in the case of proceedings under Part I of this Act, any other person in respect of whom those proceedings are taken; and

(b) the references to a juvenile court shall, in relation to proceedings in pursuance of the provisions of sections 15 and 16 of this Act or on appeal from such proceedings, be construed as including a reference to any other magistrates’ court or, as the case may be, the court in which the appeal is brought; and

(c) for the words “in the interests of justice so to do” there shall be substituted words “appropriate to do so for the purpose of avoiding injustice to a child or young person” and after the word “section” there shall be inserted the words “in relation to him”.

(2) Where by virtue of paragraph (b) of the preceding subsection the said section 49 applies to any proceedings, it shall be the duty of the court in which the proceedings are taken to announce in the course of the proceedings that that section applies to them; and if the court fails to do so that section shall not apply to the proceedings in question.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F42 S. 10(3) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9

Supervision E+W

11 Supervision orders. E+W

Any provision of this Act authorising a court to make a supervision order in respect of any person shall be construed as authorising the court to make an order placing him under the supervision of a local authority designated by the order or of a probation officer; and in this Act “supervision order” shall be construed accordingly and “supervised person” and “supervisor”, in relation to a supervision order, mean respectively the person placed or to be placed under supervision by the order and the person under whose supervision he is placed or to be placed by the order.

Modifications etc. (not altering text)

C7 S. 11 extended (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 189(4)

[F43 11A Local authority functions under certain supervision orders. E+W

The Secretary of State may make regulations with respect to the exercise by a local authority of their functions in a case where a person has been placed under their supervision by an order made under section 1(3)(b) or 21(2) of this Act.]

Textual Amendments

F43 S. 11A inserted by Children Act 1975 (c. 72, SIF 49:9), Sch. 3 para. 68 and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

[F44 12 Power to include requirements in supervision orders. E+W

(1) A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.

(2) Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—

(a) to live at a place or places specified in the directions for a period or periods so specified;

(b) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

(c) to participate in activities specified in the directions on a day or days so specified;

but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.

(3) The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.]

Textual Amendments

F44 Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I

[F45 12A Young offenders. E+W

[F46 X2 (1) Subject to subsection (2) of this section, this subsection applies to—

(a) any supervision order made under section 7(7) of this Act in respect of a child or young person found guilty as there mentioned; and

(b) any supervision order made in respect of a person under section 21(2) of this Act by a court on discharging a care order made in respect of him under the said section 7(7).

(2) Subsection (1) of this section does not apply to any supervision order which by virtue of section 12(2) above requires the supervised person to comply with directions given by the supervisor.]

[F46 X2 (1) This subsection applies to any supervision order made under section 7(7) of this Act unless it requires the supervised person to comply with directions given by the supervisor under section 12(2) of this Act.]

(3) Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—

(a) to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;

(b) to remain for specified periods between 6 p.m. and 6 a.m.—

(i) at a place specified in the order; or

(ii) at one of several places so specified;

(c) to refrain from participating in activities specified in the order—

(i) on a specified day or days during the period for which the supervision order is in force; or

(ii) during the whole of that period or a specified portion of it.

(4) Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.

(5) The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90.

(6) The court may not include requirements under subsection (3) above in a supervision order unless—

(a) it has first consulted the supervisor as to—

(i) the offender’s circumstances; and

(ii) the feasibility of securing compliance with the requirements,

and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;

(b) having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and

(c) the supervised person or, if he is a child, his parent or guardian, consents to their inclusion.

(7) The court shall not include in such an order by virtue of subsection (3) above—

(a) any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or

(b) any requirement requiring the supervised person to reside with a specified individual; or

(c) any such requirement as is mentioned in section 12B(1) of this Act.

(8) The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction”) shall be the place where the supervised person lives.

(9) A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.

(10) A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.

(11) A night restriction shall not be imposed in respect of more than 30 days in all.

(12) A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—

(a) by his parent or guardian;

(b) by his supervisor; or

(c) by some other person specified in the supervision order.

(13) A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.]

Editorial Information

X2 S. 12A(1) commencing “This subsection” substituted (prosp.) for subsections (1) (commencing “Subject to subsection (2)”) and (2) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 22, Sch. 14 para. 1(1)

Textual Amendments

F45 Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I

F46 S. 12A(1) commencing “This subsection” substituted (prosp.) for subsections (1) (commencing “Subject to subsection (2)”) and (2) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 22, Sch. 14 para. 1(1)

Prospective

[F47 12AA Requirement for young offender to live in local authority accommodation. E+W

(1) Where the conditions mentioned in subsection (6) of this section are satisfied, a supervision order may impose a requirement (“a residence requirement”) that a child or young person shall live for a specified period in local authority accommodation.

(2) A residence requirement shall designate the local authority who are to receive the child or young person and that authority shall be the authority in whose area the child or young person resides.

(3) The court shall not impose a residence requirement without first consulting the designated authority.

(4) A residence requirement may stipulate that the child or young person shall not live with a named person.

(5) The maximum period which may be specified in a residence requirement is six months.

(6) The conditions are that—

(a) a supervision order has previously been made in respect of the child or young person;

[F48 (b) that order imposed—

(i) a requirement under section 12, 12A or 12C of this Act; or

(ii) a residence requirement;

(c) he fails to comply with that requirement, or is found guilty of an offence committed while that order was in force; and

(d) the court is satisfied that—

(i) the failure to comply with the requirement, or the behaviour which constituted the offence, was due to a significant extent to the circumstances in which he was living; and

(ii) the imposition of a residence requirement will assist in his rehabilitation;]

except that [F49 sub-paragraph (i) of paragraph (d)] of this subsection does not apply where the condition in paragraph (b)(ii) is satisfied.

F50 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) A court shall not include a residence requirement in respect of a child or young person who is not legally represented at the relevant time in that court unless—

[F51 (a) he was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of those proceedings but the right was withdrawn because of his conduct; or]

(b) he has been informed of his right to apply for [F52 such representation]for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(10) In subsection (9) of this section—

(a) “the relevant time” means the time when the court is considering whether or not to impose the requirement; and

(b) “the proceedings” means—

(i) the whole proceedings; or

(ii) the part of the proceedings relating to the imposition of the requirement.

(11) A supervision order imposing a residence requirement may also impose any of the requirements mentioned in sections 12, 12A, 12B or 12C of this Act.

F50 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F47 S. 12AA inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 23, (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F48 S. 12AA(6)(b)(c)(d) substituted (1.4.1999) by 1998 c. 37, s. 71(4); S.I. 1998/3263, art. 5(e).

F49 Words in s. 12AA(6) substituted (1.4.1999) by 1998 c. 37, s. 71(4); S.I. 1998/3263, art. 5(e).

F50 S. 12AA(7)(8)(12) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2

F51 S. 12AA(9)(a) substituted (prosp.) by 1999 c. 22, ss. 24, 108(1), Sch. 4 paras. 4, 5 (with s. 107, Sch. 14 para. 7(2))

F52 Words in s. 12AA(9)(b) substituted (prosp.) by 1999 c. 22, ss. 24, 108(1), Sch. 4 paras. 4, 5 (with s. 107, Sch. 14 para. 7(2))

[F254 12AA Requirement for young offender to live in local authority accommodation. E+W

(1) Where the conditions mentioned in subsection (6) of this section are satisfied, a supervision order may impose a requirement (“a residence requirement”) that a child or young person shall live for a specified period in local authority accommodation.

(2) A residence requirement shall designate the local authority who are to receive the child or young person and that authority shall be the authority in whose area the child or young person resides.

(3) The court shall not impose a residence requirement without first consulting the designated authority.

(4) A residence requirement may stipulate that the child or young person shall not live with a named person.

(5) The maximum period which may be specified in a residence requirement is six months.

(6) The conditions are that—

(a) a supervision order has previously been made in respect of the child or young person;

(b) that order imposed—

(i) a requirement under section 12A(3) of this Act; or

(ii) a residence requirement;

(c) he is found guilty of an offence which—

(i) was committed while that order was in force;

(ii) if it had been committed by a person over the age of twenty-one, would have been punishable with imprisonment; and

(iii) in the opinion of the court is serious; and

(d) the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which he was living,

except that the condition in paragraph (d) of this subsection does not apply where the condition in paragraph (b)(ii) is satisfied.

(7) For the purposes of satisfying itself as mentioned in subsection (6)(d) of this section, the court shall obtain a social inquiry report which makes particular reference to the circumstances in which the child or young person was living.

(8) Subsection (7) of this section does not apply if the court already has before it a social inquiry report which contains sufficient information about the circumstances in which the child or young person was living.

(9) A court shall not include a residence requirement in respect of a child or young person who is not legally represented at the relevant time in that court unless—

(a) he has applied for legal aid for the purposes of the proceedings and the application was refused on the ground that it did not appear that his resources were such that he required assistance; or

(b) he has been informed of his right to apply for legal aid for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(10) In subsection (9) of this section—

(a) “the relevant time” means the time when the court is considering whether or not to impose the requirement; and

(b) “the proceedings” means—

(i) the whole proceedings; or

(ii) the part of the proceedings relating to the imposition of the requirement.

(11) A supervision order imposing a residence requirement may also impose any of the requirements mentioned in sections 12, 12A, 12B or 12C of this Act.

(12) In this section “social inquiry report” has the same meaning as in section 2 of the M83 Criminal Justice Act 1982.]

Textual Amendments

F254 S. 12AA inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 23, Sch. 14 para. 1(1)

Marginal Citations

M83 1982 c. 48 (39:1).

[F53 12B Requirements as to mental treatment. E+W

(1) Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

(a) treatment by or under the direction of a fully registered medical practitioner specified in the order;

(b) treatment as a non-resident patient at a place specified in the order; or

(c) treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1983, but not a special hospital within the meaning of that Act.

(2) A requirement shall not be included in a supervision order in pursuance of subsection (1) above—

(a) in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;

(b) in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;

and a requirement so included shall not in any case continue in force after the supervised person becomes 18.]

Textual Amendments

F53 Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I

[F54 12C Requirements as to education. E+W

(1) Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.

(2) The Court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.

(3) Expressions used in subsection (1) above and in the Education Act M12 1944 have the same meaning there as in that Act.

(4) The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.]

Textual Amendments

F54 Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I

Marginal Citations

M12 1944 c. 31(41:1).

[F55 12D Duty of court to state in certain cases that requirement in place of custodial sentence. E+W

(1) Where—

(a) in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and

(b) it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,

it shall state in open court—

(i) that it is making the order instead of a custodial sentence;

(ii) that it is satisfied that—

(a) the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or

(b) only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or

(c) the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and

(iii) why it is so satisfied.

(2) Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.

(3) Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.]

Textual Amendments

F55 Ss. 12–12D substituted for s. 12 by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. I

13 Selection of supervisor. E+W

(1) A court shall not designate a local authority as the supervisor by a provision of a supervision order unless the authority agree or it appears to the court that the supervised person resides or will reside in the area of the authority.

(2) A court shall not insert in a supervision order a provision placing a child under the supervision of a probation officer unless the local authority of which the area is named or to be named in the order in pursuance of section 18(2)(a) of this Act so request and a probation officer is already exercising or has exercised, in relation to another member of the household to which the child belongs, duties imposed [F56 on probation officers by paragraph 8 of Schedule 3 to the M13 Powers of Criminal Courts Act 1973 or by rules under paragraph 18(1)(b)] of that Schedule.

(3) Where a provision of a supervision order places a person under the supervision of a probation officer, the supervisor shall be a probation officer appointed for or assigned to the petty sessions area named in the order in pursuance of section 18(2)(a) of this Act and selected under arrangements made by the [F57 probation committee]; but if the probation officer selected as aforesaid dies or is unable to carry out his duties. . . F58 , another probation officer shall be selected as aforesaid for the purposes of the order.

Textual Amendments

F56 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 35

F57 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 65(1)

F58 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

Marginal Citations

M13 1973 c. 62(39:1).

14 Duty of supervisor. E+W

While a supervision order is in force it shall be the duty of the supervisor to advise, assist and befriend the supervised person.

[F59 14A Refusal to allow supervisor to visit child or young person. E+W

Where a supervision order has been made in a case where a condition set out in paragraph (a), (b), (bb) or (c) of section 1(2) above is satisfied, a refusal to comply with a requirement imposed under section 18(2)(b) below—

(a) that the supervisor of a child or young person shall visit him; or

(b) that a child or young person shall be medically examined,

shall be treated for the purposes of section 40 of the M14 Children and Young Persons Act 1933 (under which a warrant authorising the search for and removal of a child or young person may be issued on suspicion of unnecessary suffering caused to, or certain offences committed against, the child or young person) as giving reasonable cause for such suspicion.]

Textual Amendments

F59 S. 14A inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para.11 and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Marginal Citations

M14 1933 c. 12(20).

15 Variation and discharge of supervision orders. E+W

(1) If while a supervision order is in force in respect of a supervised person who has not attained the age of eighteen it appears to a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by—

(a) cancelling any requirement included in it in pursuance of section 12 [F60 , 12A, [F61 12AA] 12B or 12C] or section 18(2)(b) of this Act; or

(b) inserting in it (either in addition to or in substitution for any of its provisions) any provision which could have been included in the order if the court had then had power to make it and were exercising the power,

[F62 and may on discharging the supervision order make a care order (other than an interim order) in respect of the supervised person]; but the powers of variation conferred by this subsection do not include power to insert in the supervision order, after the expiration of [F63 three months beginning with the date when the order was originally made], a requirement in pursuance of [F64 section 12B(1)] of this Act, unless. . . F65 it is in substitution for such a requirement already included in the order [F66 or power to insert in the supervision order a requirement in pursuance of [F64 section 12A(3)] (b) of this Act in respect of any day which falls outside the period of 3 months beginning with the date when the order was originally made.]

(2) If on an application in pursuance of the preceding subsection, in a case where the supervised person has attained the age of seventeen [F67 and the supervision order was not made by virtue of section 1 of this Act or on the occasion of the discharge of a care order], it appears to the court appropriate to do so it may proceed as if the application were in pursuance of subsection (3) or, if it is made by the supervisor, in pursuance of subsections (3) and (4) of this section and as if in that subsection or those subsections, as the case may be, the word “seventeen” were substituted for the word “eighteen” and the words “a magistrates’ court other than” were omitted.

[F68 (2A) If while a supervision order made under section 7(7) of this Act [F69 or made by a court on discharging a care order made under that subsection] is in force in respect of a person who has not attained the age of 18 it is proved to the satisfaction of a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A [F70 12AA] 12C or 18(2)(b) of this Act, the court—

(a) may order him to pay a fine of an amount not exceeding £100; or

(b) subject to section 16A(1) of this Act, may make an attendance centre order in respect of him,

whether or not it also makes an order under subsection (1) of this section.]

(3) If while a supervision order is in force in respect of a supervised person who has attained the age of eighteen it appears to a magistrates’ court other than a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by—

(a) inserting in it a provision specifying the duration of the order or altering or cancelling such a provision already included in it; or

(b) substituting for the provisions of the order by which the supervisor is designated or by virtue of which he is selected such other provisions in that behalf as could have been included in the order if the court had then had power to make it and were exercising the power; or

(c) substituting for the name of an area included in the order in pursuance of section 18(2)(a) of this Act the name of any other area of a local authority or petty sessions area, as the case may be, in which it appears to the court that the supervised person resides or will reside; or

(d) cancelling any provision included in the order by virtue of section 18(2)(b) of this Act or inserting in it any provision prescribed for the purposes of that paragraph; or

(e) cancelling any requirement included in the order in pursuance of section [F71 12, 12A, [F72 12AA], 12B or 12C] of this Act.

[F73 (4) If while a supervision order made under section 7(7) of this Act [F74 or made by a court on discharging a care order made under that section] is in force in respect of a person who has attained the age of 18 it is proved to the satisfaction of a magistrates’ court [F75 (not being a juvenile court)][F75 other than a juvenile court], on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A [F76 12AA] 12C or 18(2)(b) of this Act, the court—

(a) whether or not it also makes an order under subsection (3) of this section, may order him to pay a fine of an amount not exceeding £100 or, subject to section 16A(1) of this Act, may make an attendance centre order in respect of him;

(b) if it also discharges the supervision order, may make an order imposing on him any punishment other than a sentence of detention in a young offender institution which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him in the exercise of that power;

and in a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents—

(i) the punishment imposed by virtue of paragraph (b) of this subsection shall not exceed that which any court having power to try such an offence could have imposed in respect of it; and

(ii) if the punishment imposed is a fine, it shall not in any event exceed £2,000.

(4A) If while a supervision order is in force in respect of a person it is proved to the court under subsection (2A) or (4) above that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12A(3)(a) of this Act directing the supervised person to participate in specified activities, the court may, if it also discharges the supervision order, make an order imposing on him any sentence which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him, or found him guilty, in the exercise of that power.

(4B) In a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents, the sentence imposed shall not exceed that which any court having power to try such an offence could have imposed in respect of it and shall not in any event exceed a custodial sentence for a term of six months and a fine—

(a) if the offender has not attained the age of 18, of £400; and

(b) if he has attained that age, of £2,000.

(4C) A court may not make an order by virtue of subsection (4A) of this section unless the court which made the supervision order made a statement under section 12D(1) of this Act.

(4D) For the purposes of subsection (4C) above a certificate under section 12D of this Act shall be evidence of the making of the statement to which it relates.]

(5) If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of [F77 section 12B(1)] of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion—

(a) that the treatment should be continued beyond the period specified in that behalf in the order; or

(b) that the supervised person needs different treatment; or

(c) that he is not susceptible to treatment; or

(d) that he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor; and on receiving a report under this subsection the supervisor shall refer it to a juvenile court, and on such a reference the court may make an order cancelling or varying the requirement.

(6) The preceding provisions of this section shall have effect subject to the provisions of the following section.

Textual Amendments

F60 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

F61 Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 24(1), Sch. 14 para. 1(1)

F62 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), 36(3)(b), Sch. 15

F63 Words substituted, except in relation to supervision orders made before 17.7.1978, by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 12

F64 References to “sections 12B(1)” and “section 12A(3)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

F65 Words repealed, except in relation to supervision orders made before 17.7.1978, by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

F66 Words added by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 25

F67 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F68 S. 15(2A) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. III para. 1 (s. 15(2A) originally inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 37(2)(3) except in relation to supervision orders made before 17.7.1978)

F69 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F70 Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 24(1), Sch. 14 para. 1(1)

F71 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. III para. 2

F72 Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 24(1), Sch. 14 para. 1(1)

F73 S. 15(4)–(4D) substituted for s. 15(4) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. III para. 3

F74 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F75 Words “other than a juvenile court” substituted (prosp.) for words “(not being a juvenile court)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 24(2), Sch. 14 para. 1(1)

F76 Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 24(1), Sch. 14 para. 1(1)

F77 Reference to “section 12B(1)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

Modifications etc. (not altering text)

C8 S. 15(1) amended (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 108(2)(6), 90(1)(b), Sch. 14 para. 1(1)

C9 Power to amend s. 15(2A)(4) conferred by Magistrates' Courts Act 1980 (c. 43, SIF 82) s. 143, Sch. 6A (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 5)

C10 S. 15(4) restricted (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(5)(a), 390(5)(a)

16 Provisions supplementary to s. 15. E+W

(1) Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.

(2) Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but [F78 subsections (3) and (4) of section 55 of the M15 Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the word “cannot be served or”.

(3) Where the supervised person is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court referred to in that subsection, the person in whose custody he is—

(a) may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b) shall within that period, unless within it the [F79 relevant infant][F79 supervised person] is brought before the court aforesaid, bring him before a justice;

[F80 and the justice shall [F81 either direct that he be released forthwith or—

(i) if he has not attained the age of eighteen, make an interim order in respect of him;

(ii) if he has attained that age, remand him.]

[F81 (i) direct that he be released forthwith; or

(ii) remand him.]]

[F82 (3A) Where a supervised person is brought before a justice under subsection (3) of this section, the justice may—

(a) direct that he be released forthwith; or

(b) subject to subsection (3C) of this section, remand him to local authority accommodation.

(3B) A justice who remands a person to local authority accommodation shall designate, as the authority who are to receive him, the authority named in the supervision order in respect of which the application or reference is being made.

(3C) Where the supervised person has attained the age of eighteen at the time when he is brought before the justice, he shall not be remanded to local authority accommodation but may instead be remanded—

(a) to a remand centre, if the justice has been notified that such a centre is available for the reception of persons under this subsection; or

(b) to a prison, if he has not been so notified.]

[F83 X3 (4) If on an application to a court under subsection (1) of the preceding section—

(a) the supervised person is brought before the court under a warrant issued or [F84 an interim order made by virtue of][F84 a remand under] the preceding provisions of this section; or

(b) the court considers that it is likely to exercise its powers under that subsection to make an order in respect of the supervised person but, before deciding whether to do so, seeks information with respect to him which it considers is unlikely to be obtained unless the court [F85 makes an interim order in respect of][F85 remands] him,

the court may [F86 make an interim order in respect of][F86 remand] the supervised person.]

[F83 X3 (4) Where an application is made to a court under section 15(1) of this Act, the court may remand (or further remand) the supervised person to local authority accommodation if—

(a) a warrant has been issued under subsection (2) of this section for the purpose of securing the attendance of the supervised person before the court; or

(b) the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under section 15(1).]

(5) A court may make an order under the preceding section in the absence of the supervised person if the effect of the order is confined to one or more of the following, that is to say—

(a) discharging the supervision order;

(b) cancelling a provision included in the supervision order in pursuance of section 12 [F87 , 12A, [F88 12AA], 12B or 12C] or section 18(2)(b) of this Act;

(c) reducing the duration of the supervision order or any provision included in it in pursuance of the said section 12 [F87 , 12A, [F88 12AA], 12B or 12C];

(d) altering in the supervision order the name of any area;

(e) changing the supervisor.

(6) A juvenile court shall not—

(a) exercise its powers under subsection (1) of the preceding section to make [F89 a care order or] an order discharging a supervision order or inserting in it a requirement authorised by section 12 [F90 , 12A, [F91 12AA] 12B or 12C] of this Act or varying or cancelling such a requirement except in a case where the court is satisfied that the supervised person either is unlikely to receive the care or control he needs unless the court makes the order or is likely to receive it notwithstanding the order;

(b) exercise its powers to make an order under subsection (5) of the preceding section except in such a case as is mentioned in paragraph (a) of this subsection;

(c) exercise its powers under the said subsection (1) to make an order inserting a requirement authorised by [F92 section 12B(1)] of this Act in a supervision order which does not already contain such a requirement unless the court is satisfied as mentioned in the said [F92 section 12B(1)] on such evidence as is there mentioned.

(7) Where the supervised person has attained the age of fourteen, then except with his consent a court shall not make an order under the preceding section containing provisions which insert in the supervision order a requirement authorised by [F92 section 12B(1)] of this Act or which alter such a requirement already included in the supervision order otherwise than by removing it or reducing its duration.

(8) The supervised person [F93 or, in a case where a parent or guardian of his was a party to the proceedings on an application under the preceding section by virtue of an order under section 32A of this Act, the parent or guardian] may appeal to [F94 the Crown court] against—

(a) any order made under the preceding section, except an order made or which could have been made in the absence of the supervised person and an order containing only provisons to which he consented in pursuance of the preceding subsection;

(b) the dismissal of an application under that section to discharge a supervision order.

(9) Where an application under the preceding section for the discharge of a supervision order is dismissed, no further application for its discharge shall be made under that section by any person during the period of three months beginning with the date of the dismissal except with the consent of a court having jurisdiction to entertain such an application.

(10) In [F95 paragraph (b) of subsection (2A) and] paragraph (a) of subsection (4) of the preceding section “attendance centre order” means such an order to attend an attendance centre as is mentioned in subsection (1) of section [F96 17 of the M16 Criminal Justice Act 1982];. . . F97

(11) In this and the preceding section references to a juvenile court or any other magistrates’ court, in relation to a supervision order, are references to such a court acting for the petty sessions area for the time being named in the order in pursuance of section 18(2)(a) of this Act; and if while an application to a juvenile court in pursuance of the preceding section is pending the supervised person to whom it relates attains the age of seventeen or eighteen, the court shall deal with the application as if he had not attained the age in question.

Editorial Information

X3 S. 16 subsection (4) commencing “Where an application” substituted (prosp.) for subsection (4) commencing “If on an application” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 4(4)

Textual Amendments

F78 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 81

F79 Words “supervised person” substituted (prosp.) for “relevant infant” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 4(2)(a)

F80 Words repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), 125(1), Sch. 16 para. 4(2)(b), Sch. 20

F81 S. 16(i)(ii) commencing “(i) direct that he be” substituted (prosp.) for words commencing “either direct” and s. 16(i)(ii) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 25(1), Sch. 14 para. 1(1)

F82 S. 16(3A)–(3C) inserted (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para 4(3)

F83 S. 16 subsection (4) commencing “Where an application” substituted (prosp.) for subsection (4) commencing “If on an application” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 4(4)

F84 Words “a remand under” substituted (prosp.) for “an interim order made by virtue of” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12, para. 25(2)(a), Sch. 14 para. 1(1)

F85 Word “remands” substituted (prosp.) for words “makes an interim order in respect of” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 25(2)(b), Sch. 14 para. 1(1)

F86 Word “remand” substituted (prosp.) for words “make an interim order in respect of” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 25(2)(c), Sch. 14 para. 1(1)

F87 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

F88 Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para 25(3), Sch. 14 para. 1(1) and by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 4(5)

F89 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F90 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

F91 Words inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 pra. 25(3) Sch. 14 para. 1(1) and by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 4(5)

F92 References to “section 12B(1)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

F93 Words inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(2), 6 and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F94 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F95 Words inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 12

F96 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 26

F97 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

Marginal Citations

M15 1980 c. 43(82).

M16 1982 c. 48(39:1).

[F98 16A (1) The provisions of section 17 of the Criminal Justice Act 1982 (attendance centre orders) shall apply for the purposes of section 15(2A)(b) and (4)(a) of this Act but as if—

(a) in subsection (1), for the words from “has power” to “probation order” there were substituted the words “considers it appropriate to make an attendance centre order in respect of any person in pursuance of section 15(2A) or (4) of the Children and Young Persons Act 1969”;

(b) for references to an offender there were substituted references to a supervised person; and

(c) subsection (13) were omitted.

(2) Sections 18 and 19 of the Criminal Justice Act 1982 (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of each of those paragraphs but as if—

(a) for the references to an offender there were substituted references to the person in respect of whom the attendance centre order has been made; and

(b) there were omitted—

(i) from subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”; and

(ii) from subsection (6), the words “for an offence”]

Textual Amendments

F98 S. 16A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. IV

Valid from 30/09/1998

[F99 16B Application of section 12 of Criminal Justice Act 1991 etc. E+W

(1) The provisions of section 12 of the Criminal Justice Act 1991 (curfew orders) shall apply for the purposes of section 15(3)(a) of this Act but as if—

(a) in subsection (1), for the words from the beginning to “before which he is convicted” there were substituted the words “Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of section 15(3)(a) of the Children and Young Persons Act 1969, the court”; and

(b) in subsection (8), for the words “on conviction” there were substituted the words “on the date on which his failure to comply with a requirement included in the supervision order was proved to the court”.

(2) Schedule 2 to the M17 Criminal Justice Act 1991 (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that section but as if—

(a) the power conferred on the magistrates’ court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;

(b) the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;

(c) the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and

(d) the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court (if that order was made by a magistrates’ court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.

(3) For the purposes of the provisions mentioned in subsection (2)(a) and (d) above, as applied by that subsection, if the supervision order is no longer in force the relevant court’s powers shall be determined on the assumption that it is still in force.

(4) In this section “relevant court” has the same meaning as in section 15 above.]

Textual Amendments

F99 S. 16B inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.21; S.I. 1998/2327, art.2(1)(y)(2)(i).

Marginal Citations

M17 1991 c.53.

17 Termination of supervision. E+W

A supervision order shall, unless it has previously been discharged, cease to have effect—

(a) in any case, on the expiration of the period of three years, or such shorter period as may be specified in the order, beginning with the date on which the order was originally made;

[F100 (b) if the order was made by virtue of section 1 of this Act or on the occasion of the discharge of a care order and the supervised person attains the age of eighteen on a day earlier than that on which the order would expire under paragraph (a) above, on that earlier day.]

[F101 (c) in the case of an order made by virtue of section 1 of this Act, if an event mentioned in paragraph (a) or (b) of section 25(1) of the Child Abduction and Custody Act 1985 occurs with respect to the child.]

Textual Amendments

F100 S. 17(b) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F101 S. 17(c) added by Child Abduction and Custody Act 1985 (c. 60, SIF 20), s. 25(3) and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Modifications etc. (not altering text)

C11 S. 17(a) restricted (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(5)(b), 390(5)(b)

18 Supplementary provisions relating to supervision orders. E+W

(1) A court shall not make a supervision order unless it is satisfied that the supervised person resides or will reside in the area of a local authority; and a court shall be entitled to be satisfied that the supervised person will so reside if he is to be required so to reside by a provision to be included in the order in pursuance of section 12(1) of this Act.

(2) A supervision order—

(a) shall name the area of the local authority and the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this paragraph, that the supervised person resides or will reside; and

(b) may contain such prescribed provisions as the court aforesaid considers appropriate for facilitating the performance by the supervisor of his functions under section 14 of this Act, including any prescribed provisions for requiring visits to be made by the supervised person to the supervisor,

and in paragraph (b) of this subsection “prescribed” means prescribed by rules under [F102 section 144 of the M18 Magistrates’ Courts Act 1980].

(3) A court which makes a supervision order or an order varying or discharging a supervision order shall forthwith send a copy of its order—

(a) to the supervised person and, if the supervised person is a child, to his parent or guardian; and

(b) to the supervisor and any person who has ceased to be the supervisor by virtue of the order; and

(c) to any local authority who is not entitled by virtue of the preceding paragraph to such a copy and whose area is named in the supervision order in pursuance of the preceding subsection or has ceased to be so named by virtue of the court’s order; and

(d) where the supervised person is required by the order, or was required by the supervision order before it was varied or discharged, to reside with an individual or to undergo treatment by or under the direction of an individual or at any place, to the individual or the person in charge of that place; and

(e) where a petty sessions area named in the order or discharged order in pursuance of subsection (2) of this section is not that for which the court acts, to the clerk to the justices for the petty sessions area so named;

and, in a case falling within paragraph (e) of this subsection, shall also send to the clerk to the justices in question such documents and information relating to the case as the court considers likely to be of assistance to them.

[F103 (4) Where a supervision order—

(a) requires compliance with directions given by virtue of section 12(2) of this Act; or

(b) includes by virtue of [F104 section 12A(3)] of this Act a requirement which involves the use of facilities for the time being specified in a scheme in force under section 19 of this Act for an area in which the supervised person resides or will reside,

any expenditure incurred by the supervisor for the purposes of the directions or requirements shall be defrayed by the local authority whose area is named in the order in pursuance of subsection (2) of this section.]

Textual Amendments

F102 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 82

F103 S. 18(4) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 20(2)

F104 Reference to “section 12A(3)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

Marginal Citations

M18 1980 c. 43(82).

[F105 19 Facilities for the carrying out of supervisors’ directions and requirements included in supervision orders by virtue of section 12(3C). E+W

(1) It shall be the duty of a local authority, acting either individually or in association with other local authorities, to make arrangements with such persons as appear to them to be appropriate, for the provision by those persons of facilities for enabling—

(a) directions given by virtue of section 12(2) of this Act to persons resident in their area; and

(b) requirements that may only be included in a supervision order by virtue of [F106 section 12A(3)] of this Act if they are for the time being specified in a scheme,

to be carried out effectively.

(2) The authority or authorities making any arrangements in accordance with subsection (1) of this section shall consult each relevant probation committee as to the arrangements.

(3) Any such arrangements shall be specified in a scheme made by the authority or authorities making them.

(4) A scheme shall come into force on a date to be specified in it.

(5) The authority or authorities making a scheme shall send copies of it to the clerk to the justices for each petty sessions area of which any part is included in the area to which the scheme relates.

(6) A copy of a scheme shall be kept available at the principal office of every authority who are a party to it for inspection by members of the public at all reasonable hours, and any such authority shall on demand by any person furnish him with a copy of the scheme free of charge.

(7) The authority or authorities who made a scheme may at any time make a further scheme altering the arrangements or specifying arrangements to be substituted for those previously specified.

(8) A scheme which specifies arrangements to be substituted for those specified in a previous scheme shall revoke the previous scheme.

(9) The powers conferred by subsection (7) of this section shall not be exercisable by an authority or authorities unless they have first consulted each relevant probation committee.

(10) The authority or authorities who made a scheme shall send to the clerk to the justices for each petty sessions area of which any part is included in the area for which arrangements under this section have been specified in the scheme notice of any exercise of a power conferred by subsection (7) of this section, specifying the date for the coming into force, and giving details of the effect, of the new or altered arrangements, and the new or altered arrangements shall come into force on that date.

(11) Arrangements shall not be made under this section for the provision of any facilities unless the facilities are approved or are of a kind approved by the Secretary of State for the purposes of this section.

(12) A supervision order shall not require compliance with directions given by virtue of section 12(2) of this Act unless the court making it is satisfied that a scheme under this section is in force for the area where the supervised person resides or will reside; and no such directions may involve the use of facilities which are not for the time being specified in a scheme in force under this section for that area.

(13) Subject to subsection (14) of this section, a supervision order may not include by virtue of [F106 subsection 12A(3)] of this Act—

(a) any requirement that would involve the supervised person in absence from home—

(i) for more than 2 consecutive nights; or

(ii) for more than 2 nights in any one week; or

(b) if the supervised person is of compulsory school age, any requirement to participate in activities during normal school hours,

unless the court making the order is satisfied that the facilities whose use would be involved are for the time being specified in a scheme in force under this section for the area in which the supervised person resides or will reside.

(14) Subsection (13)(b) of this section does not apply to activities carried out in accordance with arrangements made or approved by the local education authority in whose area the supervised person resides or will reside.

(15) It shall be the duty of every local authority to ensure that a scheme made by them in accordance with this section, either individually or in association with any other local authority, comes into force for their area not later than 30th April 1983 or such later date as the Secretary of State may allow.

(16) In this section “relevant probation committee” means a probation committee for an area of which any part is included in the area to which a scheme under this section relates.

(17) Expressions used in this section and in the M19 Education Act 1944 have the same meanings in this section as in that Act.]

Textual Amendments

F105 S. 19 substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 21(1)

F106 Reference to “section 12A(3)” substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 10 Pt. II

Marginal Citations

M19 1944 c. 31(41:1).

Committal to care of local authorities E+W

[F107 20 Orders for committal to care of local authorities. E+W

(1) Any provision of this Act authorising the making of a care order in respect of any person shall be construed as authorising the making of an order committing him to the care of a local authority; and in this Act “care order” shall be construed accordingly and “interim order” means a care order containing provision for the order to expire with the expiration of twenty-eight days, or of a shorter period specified in the order, beginning—

(a) if the order is made by a court, with the date of the making of the order; and

(b) if it is made by a justice, with the date when the person to whom it relates was first in legal custody in connection with the matter in consequence of which the order is made.

(2) The local authority to whose care a person is committed by a care order shall be—

(a) except in the case of an interim order, the local authority in whose area it appears to the court making the order that that person resides or, if it does not appear to the court that he resides in the area of a local authority, any local authority in whose area it appears to the court that any offence was committed or any circumstances arose in consequence of which the order is made; and

(b) in the case of an interim order, such one of the local authorities mentioned in paragraph (a) of this subsection as the court or justice making the order thinks fit (whether or not the person in question appears to reside in their area).

[F108 (2A) in determining the place of residence of any person for the purposes of this section, any period shall be disregarded during which, while in the care of a local authority (whether by virtue of a care order or not), he resided outside the local authority’s area.]

(3) Subject to the provisions of the following section, a care order other than an interim order shall cease to have effect—

(a) if the person to whom it relates had attained the age of sixteen when the order was originally made, when he attains the age of nineteen; and

(b) in any other case, when that person attains the age of eighteen.

(4) A care order shall be sufficient authority for the detention by any local authority or constable of the person to whom the order relates until he is received into the care of the authority to whose care he is committed by the order.]

Textual Amendments

F107 Ss. 20–22 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F108 S. 20(2A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 12

Modifications etc. (not altering text)

C12 S. 20(3) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para 7(4), Air Force Act 1955 (c. 19, SIF 7:1), Sch. 5A para 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para 7(4) (Schs. 5A paras. 7(4) of the said Acts of 1955 and Sch. 4A para. 7(4) of the Act of 1957 substituted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 paras. 8, 10, 18)

[F109 20A Power of court to add condition as to charge and control of offender in care. E+W

(1) Where a person to whom a care order relates which was made—

(a) by virtue of subsection (3) of section 1 of this Act in a case where the court which made the order was of the opinion that the condition mentioned in subsection (2)(f) of that section was satisfied; or

(b) by virtue of section 7(7) of this Act, [F110 or

(c) by virtue of section 15(1) of this Act in a case where—

(i) the supervision order for which the care order was substituted was made under section 7(7) of this Act; and

(ii) the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,]

is convicted or found guilty of an offence punishable with imprisonment in the case of a person over 21, the court which convicts or finds him guilty of that offence may add to the care order a condition under this section that the power conferred by section 21(2) of the M20 Child Care Act 1980 (power of local authority to allow a parent, guardian, relative or friend charge and control) shall for such period not exceeding 6 months as the court may specify in the condition—

(a) not be exercisable; or

(b) not be exercisable except to allow the person to whom the order relates to be under the charge and control of a specified parent, guardian, relative or friend.

(2) Where—

(a) the power conferred by subsection (1) above has been exercised; and

(b) before the period specified in the condition has expired the person to whom the care order relates is convicted or found guilty of another offence punishable with imprisonment in the case of a person over 21,

the court may replace the condition with another condition under this section.

(3) A court shall not exercise the powers conferred by this section unless the court is of opinion that it is appropriate to exercise those powers because of the seriousness of the offence and that no other method of dealing with the person to whom the care order relates is appropriate; and for the purpose of determining whether any other method of dealing with him is appropriate the court shall obtain and consider information about the circumstances.

(4) A court shall not exercise the said powers in respect of a person who is not legally represented in that court unless either—

(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(5) Before adding a condition under this section to a care order a court shall explain to the person to whom the care order relates the purpose and effect of the condition.

(6) At any time when a care order includes a condition under this section—

(a) the person to whom the order relates;

(b) his parent or guardian, acting on his behalf; or

(c) the local authority in whose care he is,

may apply to a juvenile court for the revocation or variation of the condition.

(7) The local authority may appeal to the Crown Court against the imposition of a condition under this section by a magistrates’ court or against the terms of such a condition.

(8) For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is convicted or found guilty and before any power conferred by this section is exercised, and in this section “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to the exercise of the power; but in the case of a person committed to the Crown Court for sentence or trial, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed him.]

Textual Amendments

F109 S. 20A inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 22 and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F110 S. 20A(1)(c) and word “or” immediately preceding it inserted (prosp.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 170(1), 171, Sch. 15 para. 35

Marginal Citations

M20 1980 c. 5(20).

[F111 21 Variation and discharge of care orders. E+W

(1) If it appears to a juvenile court, on the application of a local authority to whose care a person is committed by a care order which would cease to have effect by virtue of subsection (3)(b) of the preceding section, that he is accommodated in a community home or a home provided by the Secretary of State and that by reason of his mental condition or behaviour it is in his interest or the public interest for him to continue to be so accommodated after he attains the age of eighteen, the court may order that the care order shall continue in force until he attains the age of nineteen; but the court shall not make an order under this subsection unless the person in question is present before the court.

(2) If it appears to a juvenile court, on the application of a local authority to whose care a person is committed by a care order or on the application of that person, that it is appropriate to discharge the order, the court may discharge it and on discharging it may, unless it was an interim order and unless the person to whom the discharged order related has attained the age of eighteen, make a supervision order in respect of him.

[F112 (2A) A juvenile court shall not make an order under subsection (2) of this section in the case of a person who has not attained the age of eighteen and appears to the court to be in need of care or control unless the court is satisfied that, whether through the making of a supervision order or otherwise, he will receive that care or control.]

(3) Where an application under [F113 subsection (2) of this section] for the discharge of a care order is dismissed, then—

(a) in the case of an interim order, no further application for its discharge shall be made under that subsection except with the consent of a juvenile court (without prejudice to the power to make an application under subsection (4) of the following section); and

(b) in any other case, no further application for its dishcarge shall be made under this subsection by any person during the period of three months beginning with the date of the dismissal except with the consent of a juvenile court.

(4) The person to whom the relevant care order relates or related may appeal to [F114 the Crown court] against an order under subsection (1) of this section or a supervision order made in pursuance of subsection (2) of this section or the dismissal of an application under the said subsection (2) for the discharge of the care order.

[F115 (4A) In a case where a parent or guardian is a party to the proceedings on an application under subsection (2) of this section by virtue of an order under section 32A of this Act, the parent or guardian may appeal to the Crown Court against the making of a supervision order or the refusal of the court to discharge the care order.]

(5) The local authority to whose care a person is committed by a care order (other than an interim order) may, within the period of three months beginning with the date of the order, appeal to [F114 the Crown Court] against the provision of the order naming their area on the ground that at the time the order was made the person aforesaid resided in the area of another local authority named in the notice of appeal; but no appeal shall be brought by a local authority under this subsection unless they give notice in writing of the proposal to bring it to the other local authority in question before giving notice of appeal.

(6) References in this section to a juvenile court, in relation to a care order, are references to a juvenile court acting for any part of the area of the local authority to whose care a person is committed by the order or for the place where that person resides.]

Textual Amendments

F111 Ss. 20–22 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F112 S. 21(2A) inserted by Children Act 1975 (c. 72, SIF 49:9), Sch. 3 para. 69(a)

F113 Words substituted by Children Act 1975 (c. 72, SIF 49:9), Sch. 3 para. 69(b)

F114 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F115 S. 21(4A) inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(3), 6

Modifications etc. (not altering text)

C13 S. 21(2) amended by Child Care Act 1980 (c. 5, SIF 20), s. 11(1)

C14 S. 21(5) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para 7(4), Air Force Act 4 1955 (c. 19, SIF 7:1), Sch. 5A para 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para 7(4) (Schs. 5A paras. 7(4) of the said Acts of 1955 and Sch. 4A para. 7(4) of the Act of 1957 substituted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 paras. 8, 10, 18)

[F116 21A Termination of care order on adoption etc. E+W

(1) A care order relating to a person under the age of 18 shall cease to have effect—

(a) on his adoption;

(b) if any order under an enactment to which this paragraph applies is made in relation to him;

(c) if an order similar to an order under section 25 of the M21 Children Act 1975 is made in relation to him in Northern Ireland, the Isle of Man or any of the Channel Islands.

(2) Subsection (1)(b) above applies to the following enactments—

(a) sections 14 and 25 of the Children Act 1975;

(b) sections 18 and 55 of the M22 Adoption Act 1976; and

(c) sections 18 and 49 of the M23 Adoption (Scotland) Act 1978.

(3) After the commencement of section 55 of the Adoption Act 1976 subsection (1)(c) above shall have effect with the substitution of “55 of the Adoption Act 1976” for “25 of the Children Act 1975”.]

Textual Amendments

F116 S. 21A substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 13 and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Modifications etc. (not altering text)

C15 S. 21A: by Adoption Act 1976 (c. 36, SIF 49:11), ss. 73, 74(2), Sch. 3 para. 11 it was provided that in s. 21A, for the references to sections 14 and 25 of the Children Act 1975 there should be substituted references to sections 18 and 55 respectively of the Adoption Act 1976

Marginal Citations

M21 1975 c. 72(49:9).

M22 1976 c. 36(49:11).

M23 1978 c. 28(49:11)

[F117 22 Special provisions relating to interim orders. E+W

(1) A juvenile court or a justice shall not make an interim order in respect of any person unless either—

(a) that person is present before the court or justice; or

(b) the court or justice is satisfied that he is under the age of five or cannot be present as aforesaid by reason of illness or accident.

(2) An interim order shall contain provision requiring the local authority to whose care a person is committed by the order to bring that person before a court specified in the order on the expiration of the order or at such earlier time as the specified court may require, so however that the said provision shall, if the court making the order considers it appropriate so to direct by reason of the fact that that person is under the age of five [F118 or is legally represented] or by reason of illness or accident, require the local authority to bring him before the specified court on the expiration of the order only if the specified court so requires.

(3) A juvenile court acting for the same area as a juvenile court by which or a justice by whom an interim order has been made in respect of any person may, at any time before the expiration of the order, make a further interim order in respect of him; and the power to make an interim order conferred by this subsection is without prejudice to any other power to make such an order.

(4) The High Court may, on the application of a person to whom an interim order relates [F119 , or, in a case where the order was made in proceedings to which a parent or guardian was a party by virtue of an order under section 32A of this Act, of the parent or guardian,], discharge the order on such terms as the court thinks fit; but if on such an application the discharge of the order is refused, the local authority to whose care he is committed by the order shall not exercise in his case their powers under [F120 section 21(2) of the M24 Child Care Act 1980] (which enables them to allow a parent or other person to be in charge of him) except with the consent and in accordance with any directions of the High Court.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

(6) Subsections (1), (3) and (4) of this section, so much of section 2(11)(a) as requires the clerk to be informed and section 21(2) to (4) s of this Act shall apply to a warrant under subsection (5) of this section as they apply to an interim order but as if the words “is under the age of five or” in subsection (1) of this section were omitted.]

Textual Amendments

F117 Ss. 20–22 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F118 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 14

F119 Words inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(4), 6

F120 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 24

F121 S. 22(5) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 125, 170(2), Sch. 16

Marginal Citations

M24 1980 c. 5(20).

23 Remand to care of local authorities etc. E+W

(1) Where a court—

(a) remands or commits for trial a child charged with homicide or remands a child convicted of homicide; or

(b) remands a young person charged with or convicted of one or more offences or commits him for trial or sentence,

and he is not released on bail, then, subject to the following provisions of this section, the court shall commit him to the care of a local authority in whose area it appears to the court that he resides or that the offence or one of the offences was committed.

(2) If the court aforesaid certifies that a young person is of so unruly a character that he cannot safely be committed to the care of a local authority under the preceding subsection, then if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, it shall commit him to a remand centre and, if it has not been so notified, it shall commit him to a prison.

(3) If, on the application of the local authority to whose care a young person is committed by a warrant under subsection (1) of this section, the court by which he was so committed or any magistrates’ court having jurisdiction in the place where he is for the time being certifies as mentioned in subsection (2) of this section, the provisions of the said subsection (2) relating to committal shall apply in relation to him and he shall cease to be committed in pursuance of the said subsection (1).

(4) The preceding provisions of this section shall have effect subject to the provisions of [F122 section 37 of the M25 Magistrates’ Courts Act 1980] (which relates to committal to [F123 the Crown court] with a view to a [F124 youth custody sentence]).

(5) In this section “court” and “magistrates’ court” include a justice; and notwithstanding anything in the preceding provisions of this section, [F125 section 128(7) of the said Act of 1980] (which provides for remands to the custody of a constable for periods not exceeding three clear days) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.

Textual Amendments

F122 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para 83(a)

F123 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), Sch. 8 para. 34(1)

F124 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 27

F125 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 83(b)

Modifications etc. (not altering text)

C16 S. 23(2)(3) restricted by Children Act 1975 (c. 72, SIF 49:9), s. 69; amended by S.I. 1979/125 and 1981/81, art. 2

Marginal Citations

M25 1980 c. 43(82).

Valid from 03/02/1995

[F126 23A Liability to arrest for breaking conditions of remand. E+W

(1) A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.

(2) A person arrested under subsection (1) above—

(a) shall, except where he was arrested within 24 hours of the time appointed for him to appear before the court in pursuance of the remand or committal, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested; and

(b) in the said excepted case shall be brought before the court before which he was to have appeared.

In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(3) A justice of the peace before whom a person is brought under subsection (2) above—

(a) if of the opinion that that person has broken any condition imposed on him under subsection (7) or (10) of section 23 of this Act shall remand him; and that section shall apply as if he was then charged with or convicted of the offence for which he had been remanded or committed;

(b) if not of that opinion shall remand him to the place to which he had been remanded or committed at the time of his arrest subject to the same conditions as those which had been imposed on him at that time.]

Textual Amendments

F126 S. 23A inserted (3.2.1995) by 1994 c. 33, s.23; S.I. 1995/127, art. 2(1), Sch.1 (with transitional savings in art. 2(2), Sch.2 para. 1)

Valid from 01/03/2002

[F127 23AA Electronic monitoring of conditions of remand E+W

(1) A court shall not impose a condition on a person under section 23(7)(b) above (an “electronic monitoring condition”) unless each of the following requirements is fulfilled.

(2) The first requirement is that the person has attained the age of twelve years.

(3) The second requirement is that—

(a) the person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

(b) he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—

(i) amount, or

(ii) would, if he were convicted of the offences with which he is charged, amount,

to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.

(4) The third requirement is that the court—

(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and

(b) is satisfied that the necessary provision can be made under those arrangements.

(5) The fourth requirement is that a youth offending team has informed the court that in its opinion the imposition of such a condition will be suitable in the person’s case.

(6) Where a court imposes an electronic monitoring condition, the condition shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(7) The Secretary of State may make rules for regulating—

(a) the electronic monitoring of compliance with conditions imposed under section 23(7)(a) above; and

(b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such conditions.

(8) Subsections (8) to (10) of section 3AA of the Bail Act 1976 (c. 63) (provision about rules and orders under that section) shall apply in relation to this section as they apply in relation to that section.

(9) For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.]

Textual Amendments

F127 S. 23AA inserted (1.3.2002) by Criminal Justice and Police Act 2001 (c. 16), s. 132(b); S.I. 2002/344, art. 2 (with transitional provisions in art. 4)

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128 E+W

Textual Amendments

F128 Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6

Transfer U.K.

25 Transfers between England or Wales and Northern Ireland. E+W+N.I.

(1) If it appears to the Secretary of State, on the application of the [F129 welfare authority][F129 Ministry of Home Affairs for Northern Ireland (in this section referred to as the Ministry of Home Affairs)] or the managers of the training school to whose care a person is committed by a fit person order or by virtue of a training school order [F130 or by an order under subsection (2) below], that his parent or guardian resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect as if it were a care order and as if sections 20(2) and (3) and 21(1) and (5) of this Act were omitted and in section 31(3)(a) of this Act for the reference to section 20(3) there were substituted a reference to subsection (3) of this section.

(2) If it appears to the [F131 the Secretary of State], on the application of the local authority to whose care a person is committed by a care order other than an interim order [F130 or by an order under subsection (1) above], that his parent or guardian resides or will reside in Northern Ireland, [F131 the Secretary of State] may make an order committing him to the care of the managers of a training school or to the care of the [F132 welfare authority in whose area his parent or guardian resides or will reside][F132 Secretary of State] and the provisions of the M26 Children and Young Persons Act (Northern Ireland) 1968 (except sections 83(3)(a), 88(3), 90 and 91(3)) shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, a fit person order.

[F133 If an order under this subsection commits a person to the care of the managers of a training school, the contributions to be made in respect of him under section 161 of the said Act of 1968 shall be made by such council as may be named in that order, being the council within whose district his parent proposes to reside or is residing at the time of the order.]

(3) When a person is received into the care of a local authority or [F134 welfare authority][F134 the Ministry of Home Affairs] or the managers of a training school in pursuance of an order under this section, the training school order, fit person order or care order in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—

(a) in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;

(b) in the case of an order under subsection (2), on the date when the care order aforesaid would have ceased to have effect by the effluxion of time or—

(i) if the person to whom the order relates is committed by it to the care of [F135 a welfare authority][F135 the Ministry of Home Affairs] and will attain the age of eighteen before that date, when he attains that age;

(ii) if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.

(4) An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority or [F136 welfare authority][F136 the Ministry of Home Affairs] or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority [F137 Ministry] or managers to whose care he is committed by the order.

(5) In this section “training school”, [F138 “training school order” and “welfare authority”][F138 and “training school order”] have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.

Textual Amendments

F129 Words from “Ministry” to “Affairs)” substituted (N.I.) for words “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F130 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 15

F131 Words substituted (N.I.) by virtue of S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1

F132 Words “Secretary of State” substituted (N.I.) for words from “welfare” to “reside” by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2 and S.I. 1973/2163, arts. 2(1), 11(5), Sch. 1

F133 Words repealed (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F134 Words “the Ministry of Home Affairs” substituted (N.I.) for words “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F135 Words “the Ministry of Home Affairs” substituted (N.I.) for words “a welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F136 Words “the Ministry of Home Affairs” substituted (N.I.) for words “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F137 Word inserted (N.I.) by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F138 Words “and “training school order”” substituted (N.I.) for words “training school order” and “welfare authority” by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Modifications etc. (not altering text)

C17 Ss. 25, 26: power to amend conferred (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 101(5)(a), 108(2)

C18 S. 25(2): Certain functions transferred (N.I.) by S.I. 1973/2163, Sch. 1

C19 S. 25(2) excluded by Army Act 1955 (c. 18, SIF 7:1), Sch. 5A para 7(4), Air Force Act 1955 (c. 19, SIF 7:1), Sch 5A para 7(4) and Naval Discipline Act 1957 (c. 53, SIF 7:1), Sch. 4A para 7(4) (Schs. 5A para. 7(3) of the said Acts of 1955 and Sch. 4A para. 7(3) of the Act 1957 substituted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 paras. 8, 10, 18)

Marginal Citations

M26 1968 c. 34 (N.I.)

26 Transfers between England or Wales and the Channel Islands or Isle of Man. U.K.

(1) The Secretary of State may by order designate for the purposes of this section an order of any description which—

(a) a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and

(b) provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and

(c) appears to the Secretary of State to be of the same nature as a care order other than an interim order;

and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order.

(2) The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection, be deemed to be the subject of a care order committing to the care of the local authority.

(3) This Act shall have effect, in relation to a person in respect of whom an authorisation under this section is in force, as if sections 20(2) and (3), 21 and 31. . . F139 were omitted; and it shall be the duty of a local authority who propose, in exercise of their powers under [F140 section 21(2) of the M27 Child Care Act 1980], to allow such a person to be under the charge and control of a person residing outside England and Wales to consult the relevant authority before exercising those powers.

(4) An authorisation given to a local authority under this section shall cease to have effect when—

(a) the local authority is informed by the Secretary of State that he has revoked it; or

(b) the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or

(c) the person to whom the relevant order relates is again received into the care of the relevant authority;

and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

Extent Information

E1 S. 26 extends to England, Wales, the Channel Islands and the Isle of Man only

Textual Amendments

F139 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 25

F140 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 25

Modifications etc. (not altering text)

C20 Ss. 25, 26: power to amend conferred (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 101(5)(a), 108(2)

Marginal Citations

M27 1980 c. 5(20).

27 F141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F141 Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6 (s. 27(4) expressed to be repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), 36(3)(a), Sch. 15)

Detention U.K.

[F142 28 Detention of child or young person in place of safety. E+W

(1) If, upon an application to a justice by any person for authority to detain a child or young person and take him to a place of safety, the justice is satisfied that the applicant has reasonable cause to believe that—

(a) any of the conditions set out in section 1(2)(a) to (e) of this Act is satisfied in respect of the child or young person; or

(b) an appropriate court would find the condition set out in section 1(2)(b) of this Act satisfied in respect of him; or

(c) the child or young person is about to leave the United Kingdom in contravention of section 25 of the Act of 1933 (which regulates the sending abroad of juvenile entertainers),

the justice may grant the application; and the child or young person in respect of whom an authorisation is issued under this subsection may be detained in a place of safety by virtue of the authorisation for twenty-eight days beginning with the date of authorisation, or for such shorter period beginning with that date as may be specified in the authorisation.

(2) Any constable may detain a child or young person as respects whom the constable has reasonable cause to believe that any of the conditions set out in section 1(2)(a) to (d) of this Act is satisfied or that an appropriate court would find the condition set out in section 1(2)(b) of this Act satisfied or than an offence is being committed under section 10(1) of the Act of 1933 (which penalises a vagrant who takes a juvenile from place to place).

(3) A person who detains any person in pursuance of the preceding provisions of this section shall, as soon as practicable after doing so, inform him of the reason for his detention and take such steps as are practicable for informing his parent or guardian of his detention and of the reason for it.

(4) A constable who detains any person in pursuance of subsection (2) of this section or who arrests a child without a warrant otherwise than for homicide shall as soon as practicable after doing so secure that the case is enquired into by [F143 the custody officer at] a police station, and that officer shall on completing the enquiry either—

(a) release the person in question; or

(b) if the officer considers that he ought to be further detained in his own interests or, in the case of an arrested child, because of the nature of the alleged offence, make arrangements for his detention in a place of safety and inform him, and take such steps as are practicable for informing his parent or guardian, of his right to apply to a justice under subsection (5) of this section for his release;

and subject to the said subsection (5) it shall be lawful to detain the person in question in accordance with any such arrangements.

(5) It shall not be lawful for a child arrested without a warrant otherwise than for homicide to be detained in consequence of the arrest or such arrangements as aforesaid, or for any person to be detained by virtue of subsection (2) of this section or any such arrangements, after the expiration of the period of eight days beginning with the day on which he was arrested or, as the case may be, on which his detention in pursuance of the said subsection (2) began; and if during that period the person in question applies to a justice for his release, the justice shall direct that he be released forthwith unless the justice considers that he ought to be further detained in his own interests or, in the case of an arrested child, because of the nature of the alleged offence.

(6) If while a person is detained in pursuance of this section an application for an interim order in respect of him is made to a magistrates’ court or a justice, the court or justice shall either make or refuse to make the order and, in the case of a refusal, may direct that he be released forthwith.]

Textual Amendments

F142 S. 28 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4)(6), Sch. 15

F143 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121(1), Sch. 6 para. 19(a)

[F144 29 Recognisance on release of arrested child or young person. E+W

A child or young person arrested in pursuance of a warrant shall not be released unless. . . F145 his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.]

Textual Amendments

F144 S. 29 substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 121(1), Sch. 6 para. 19(b)

F145 Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 36, Sch. 16

Modifications etc. (not altering text)

C21 S. 29 excluded by Prevention of Terrorism (Temporary Provisions) Act 1984 (c. 8, SIF 39:2), s. 12(6)

30 Detention of young offenders in community homes. E+W

(1) The power to give directions under section 53 of the Act of 1933 (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.

(2) It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146 E+W

Textual Amendments

F146 S. 31 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

32 Detention of absentees. U.K.

(1) If any of the following persons, that is to say—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

(d) a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the M28 Children and Young Persons Act (Northern Ireland) 1968,

is absent from premises at which he is required by. . . F150 the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . F150 the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . F150 , to the premises or other place aforesaid or such other premises as the authority. . . F150 may direct.

[F151 X4 (1A) If a child or young person is absent from a place of safety to which he has been taken in pursuance of section 2(5), 16(3) or 28 of this Act without the consent of—

(a) the person who made the arrangements for his detention in the place of safety in pursuance of the said section 2(5) or 16(3), or

(b) the person on whose application an authorisation relating to the child or young person has been issued under the said section 28,

he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant, and shall, if so arrested, be conducted to the place of safety at the expense of the person referred to in paragraph (a) or (b) (as the case may be) of this subsection.]

[F151 X4 (1A) If a child or young person is absent, without the consent of the responsible person—

(a) from a place of safety to which he has been taken under section 16(3) of this Act; or

(b) from local authority accommodation—

(i) in which he is required to live under section 12AA of this Act; or

(ii) to which he has been remanded under [F152 section 23(1)][F152 section 16(3A) or 23(1)] of this Act,

he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant.

(1B) A person so arrested shall be conducted to—

(a) the place of safety;

(b) the local authority accommodation; or

(c) such other place as the responsible person may direct, at the responsible person’s expense.

(1C) In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA [F153 , 16(3B)] or 23 of this Act.]

(2) If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) [F154 or (1A)] of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F155 level 3 on the standard scale].

In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the [F156 M29 Magistrates’ Courts (Northern Ireland) Order 1981].

[F157 (2A) Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1) or (1A) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

(2B) A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F158 person referred to in subsection (1A)(a) or (b) (as the case may be) of this section][F158 responsible person].]

(3) A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) [F159 or (1A)] of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding [F160 level 5 on the standard scale] or both.

(4) The reference to a constable in [F161 subsections (1),(1A) and (2A)] of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in [F161 subsection (1)]“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

(5) Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.

Editorial Information

X4 S. 32(1A)–(1C) substituted (prosp.) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 27(1), Sch. 14 paras. 1(1), 30

Textual Amendments

F147 S. 32(1)(a) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6

F148 S. 32(1)(b) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(2)

F149 S. 32(1)(c) repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1), Sch. 6

F150 Words repealed by Child Care Act 1980 (c. 5, SIF 20), ss. 89, 90(1) Sch. 6

F151 S. 32(1A)–(1C) substituted (prosp.) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 27(1), Sch. 14 paras. 1(1), 30

F152 Words “section 16(3A) or 23(1)” substituted (prosp.) for “section 23(1)” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 5(2)

F153 Words inserted (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 5(3)

F154 Words inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(4)

F155 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and S.I. 1984/703 (N.I. 3), art. 6

F156 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 17

F157 S. 32(2A)(2B) inserted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(5)

F158 Words “responsible person” substituted (prosp.) for words commencing “person referred to in subsection (1A)(a) or (b)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 27(2), Sch. 14 paras. 1(1), 30

F159 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 16

F160 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and S.I. 1984/703 (N.I. 3), art. 6

F161 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), s. 68(1)(7)

Modifications etc. (not altering text)

C22 S. 32(3) excluded (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 51(5)–(7), 108(2)

Marginal Citations

M28 1968 c. 34. (N.I.)

M29 S.I. 1981/1675 (N.I. 26).

Conflict of interest between parent and child or young person E+W

[F162 32A Conflict of interest between parent and child or young person. E+W

(1) If before or in the course of proceedings in respect of a child or young person—

(a) in pursuance of section 1 of this Act, or

(b) on an application under section 15(1) of this Act for the discharge of a relevant supervision order or a supervision order made under section 21(2) of this Act on the discharge of a relevant care order; or

(c) on an application under section 21(2) of this Act for the discharge of a relevant care order or a care order made under section 15(1) of this Act on the discharge of a relevant supervision order; or

(d) on an appeal to the Crown Court under section 2(12) of this Act, or

(e) on an appeal to the Crown Court under section 16(8) of this Act against the dismissal of an application for the discharge of a relevant supervision order or against a care order made under section 15(1) on the discharge of—

(i) a relevant supervision order; or

(ii) a supervision order made under section 21(2) on the discharge of a relevant care order; or

(f) on an appeal to the Crown Court under section 21(4) of this Act against the dismissal of an application for the discharge of a relevant care order or against a supervision order made under section 21(2) on the discharge of—

(i) a relevant care order; or

(ii) a care order made under section 15(1) on the discharge of a relevant supervision order,

it appears to the court that there is or may be a conflict, on any matter relevant to the proceedings, between the interests of the child or young person and those of his parent or guardian, the court may order that in relation to the proceedings the parent or guardian is not to be treated as representing the child or young person or as otherwise authorised to act on his behalf.

(2) If an application such as is referred to in subsection (1)(b) or (c) of this section is unopposed, the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall order that in relation to proceedings on the application no parent or guardian of his shall be treated as representing him or as otherwise authorised to act on his behalf; but where the application was made by a parent or guardian on his behalf the order shall not invalidate the application.

(3) Where an order is made under subsection (1) or (2) of this section for the purposes of proceedings on an application within subsection (1)(a), (b) or (c) of this section, that order shall also have effect for the purposes of any appeal to the Crown Court arising out of those proceedings.

(4) The power of the court to make orders for the purposes of an application within subsection (1)(a), (b) or (c) of this section shall also be exercisable, before the hearing of the application, by a single justice.

[F163 (4A) Where an order is made under this section in respect of a parent or guardian in relation to any proceedings he shall by virtue of the order be made a party to the proceedings.]

(5) In this section—

• “relevant care order” means a care order made under section 1 of this Act;

• “relevant supervision order” means a supervision order made under section 1 of this Act.]

Textual Amendments

F162 Heading and ss. 32A, 32B inserted (prosp. except as to ss. 32A(1), 32B(2)) by Children Act 1975 (c. 72, SIF 49:9, 10), ss. 64, 108(2) and ss. 32A, 32B repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F163 S. 32A(4A) inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 3(1), 6

[F164 32B Safeguarding of interests of child or young person where section 32A order made. E+W

(1) Where the court makes an order under section 32A(2) of this Act the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall in accordance with rules of court appoint a guardian ad litem of the child or young person for the purposes of the proceedings.

In this subsection “court” includes a single justice.

(2) Rules of court shall provide for the appointment of a guardian ad litem of the child or young person for the purposes of any proceedings to which an order under section 32A(1) of this Act relates.

(3) A guardian ad litem appointed in pursuance of this section shall be under a duty to safeguard the interests of the child or young person in the manner prescribed by rules of court.]

Textual Amendments

F164 Heading and ss. 32A, 32B inserted (prosp. except as to ss. 32A(1), 32B(2)) by Children Act 1975 (c. 72, SIF 49:9, 10), ss. 64, 108(2) and ss. 32A, 32B repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Modifications etc. (not altering text)

C23 S. 32B(1) extended by S.I. 1988/913, rules 13(1), 16(4)

[F165 32C Applications by grand-parents to be parties to proceedings. E+W

(1) Where in any such proceedings as are mentioned in section 32A(1) of this Act any grandparent of the child or young person in respect of whom the proceedings are brought makes an application to the court under this section, the court may, in such circumstances as may be specified in rules of court, give leave for the grandparent to be made a party to the proceedings.

(2) Rules of court shall make provision as to the circumstances in which the court may give leave under subsection (1) above.

(3) In this section “the court” includes a single justice.]

Textual Amendments

F165 S. 32C inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 3(2), 6 and repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166 E+W

Textual Amendments

F166 S. 33 repealed by Legal Aid Act 1974 (c. 4, SIF 77:1), Sch. 5 Pt. I

Transitional modifications of Part I for persons of specified ages E+W

34 Transitional modifications of Part I for persons of specified ages. E+W

(1) The Secretary of State may by order provide—

(a) that any reference to a child in section 4, [F167 13(2) or 28(4) or (5)][F167 or 13(2)] of this Act shall be construed as excluding a child who has attained such age as may be specified in the order;

(b) that any reference to a young person in section 5 of this Act (except subsection (8)) shall be construed as including a child, or excluding a young person, who has attained such age as may be so specified;

(c) that any reference to a young person in section 5(8), 7(7), 7(8), 9(1), 23(1) or 29(1) of this Act shall be construed as including a child who has attained such age as may be so specified;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168

(e) that [F169 section 23(2) or (3)][F169 section 23(4) to (6)] of this Act shall have effect as if the references to a young person excluded a young person who has not attained such age as may be so specified;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

(2) In the case of a person who has not attained the age of seventeen but has attained such lower age as the Secretary of State may by order specify, no proceedings [F171 under section 1 of this Act or] for an offence shall be begun in any court unless the person proposing to begin the proceedings has, in addition to any notice falling to be given by him to a local authority in pursuance of section [F171 2(3) or] 5(8) of this Act, given notice of the proceedings to a probation officer for the area for which the court acts; [F171 and accordingly in the case of such a person the reference in section 1(1) of this Act to the said section 2(3) shall be construed as including a reference to this subsection].

(3) In the case of a person who has attained such age as the Secretary of State may by order specify, an authority shall, without prejudice to subsection (2) of section 9 of this Act, not be required by virtue of subsection (1) of that section to make investigations or provide information which it does not already possess with respect to his home surroundings if, by direction of the justices or probation and after-care committee acting for any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by a probation officer.

(4) Except in relation to section 13(2) of this Act, references to a child in subsection (1) of this section do not include references to a person under the age of ten.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172

(6) Without prejudice to the generality of section 69(4) of this Act, an order under this section may specify different ages for the purposes of different provisions of this Act specified in the order.

(7) A draft of any order proposed to be made under this section shall be laid before Parliament and, in the case of an order of which the effect is that the reference to a child in section 4 of this Act includes a child who has attained an age of more than twelve, shall not be made unless the draft has been approved by a resolution of each House of Parliament.

Textual Amendments

F167 Words “or 13(2)” substituted (prosp.) for “13(2) or 28(4) or (5)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 28(a), Sch. 14 para. 1(1)

F168 S. 34(1)(d) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F169 Words “section 23(4) to (6)” substituted (prosp.) for “section 23(2) or (3)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 28(b), Sch. 14 para. 1(1)

F170 S. 34(1)(f) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

F171 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F172 S. 34(5) repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

Part II E+W+S Accommodation etc. for children in care, and foster children

Community homes E+W+S

35—45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173 E+W

Textual Amendments

F173 Ss. 35–45, 47–50 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

46 Discontinuance of approved schools etc. on establishment of community homes. E+W

(1) If in the case of any approved school, [F174 or remand home within the meaning of the M30 Criminal Justice Act 1948 or approved probation hostel or approved probation home within the meaning of the M31 Powers of Criminal Courts Act 1973] (hereafter in this section referred to as an “approved institution”) it appears to the Secretary of State that in consequence of the establishment of community homes for a planning area the institution as such is no longer required, he may by order provide that it shall cease to be an approved institution on a date specified in the order.

(2) The provisions of Schedule 3 to this Act shall have effect in relation to institutions which are, or by virtue of this section have ceased to be, approved institutions.

Textual Amendments

F174 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 36

Modifications etc. (not altering text)

C24 S. 46 amended by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 17

Marginal Citations

M30 1948 c. 58(39:1).

M31 1973 c. 62(39:1).

47—50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175 E+W

Textual Amendments

F175 Ss. 35–45, 47–50 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176 E+W

Textual Amendments

F176 Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

52

(1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

X5 (4) Section 37 of the M32 Adoption Act 1958 (which defines “ protected child” for the purposes of Part IV of that Act) shall have effect subject to the following modifications:—

(a) in paragraph (a) of subsection (1) (which refers to arrangements for placing a child in the care of a person who is not a parent, guardian or relative of his) after the words “ relative of his” there shall be inserted the words “ but who proposes to adopt him” ;

(b) in subsection (1) (which among other matters excludes a foster child from the definition of “ a protected child”) the words “ but is not a foster child within the meaning of Part I of the Children Act 1958” shall be omitted ; and

(c) in subsection (2) (which excludes certain children from the definition of protected child, including children only temporarily in the care and possession of a person under such arrangements as are referred to in subsection (1)(a) of that section) the words from “ by reason” to “ that subsection, nor” shall be omitted.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178

Editorial Information

X5 The text of s. 52(4) 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.

Textual Amendments

F177 Ss. 51, 52(1)–(3) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

F178 Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

Marginal Citations

M32 1958 c. 5. (7 & 8 Eliz. 2.)

53—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F179 E+W

Textual Amendments

F179 Ss. 52(5), 53–55 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

56, 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180 E+W+S

Textual Amendments

F180 Ss. 56, 57 repealed by (E.W.) Foster Children Act 1980 (c. 6, SIF 20), Sch. 3 and (S.) Foster Children (Scotland) Act 1984 (c. 56, SIF 20), Sch. 3

Words "49 and the said sections" in s. 57(4) expressed to be repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch.1 Appendix C

58, 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F181 E+W

Textual Amendments

F181 Ss. 58, 59 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

Part III U.K. Miscellaneous and general

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F182 E+W

Textual Amendments

F182 S. 60 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37(1), Sch. 2

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183 E+W

Textual Amendments

F183 S. 61 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9

62—64A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184 E+W

Textual Amendments

F184 Ss. 62–64A, 65(1) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

Financial provisions E+W

65 Grants to voluntary organisations etc. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

(3) Where an order has been made under section 46 of this Act in relation to an approved institution within the meaning of that section and no [F187 part of the premises occupied by the institution forms part of a controlled or assisted community home.]

(4) No grant shall be made under subsection (3) of this section in respect of a liability relating to an institution unless it appears to the Secretary of State that, on or within a reasonable time after the date specified in the order referred to in that subsection, the premises of the institution are to be used for a purpose which is of benefit to children; and any grant made under that subsection shall be subject to such conditions as the Secretary of State may with the approval of the Treasury determine, including conditions with respect to the repayment in whole or in part of the grant, either by the person to whom the grant was made or by some other person who, before the grant was made, consented to accept the liability.

(5) Any sums received by the Secretary of State by virtue of any such condition as is referred to in subsection (4) of this section shall be paid into the Consolidated Fund.

Textual Amendments

F185 Ss. 62–64A, 65(1) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F186 S. 65(2) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. X

F187 Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 18

66 Increase of rate support grants. E+W

(1) The power to make an order under [F188 section 4(1) of the M33 Local Government Act 1974] increasing the amounts fixed by a rate support grant order for a particular year shall be exercisable, in accordance with subsection (2) of this section, in relation to any rate support grant order made before the date of the coming into operation of any provision of this Act (in this section referred to as “the relevant provision”) for a grant period ending after that date.

(2) Without prejudice to [F188 subsection (6) of the said section 4] (which empowers an order under subsection (1) of that section to vary the matters prescribed by a rate support grant order), an order under subsection (1) of that section made by virtue of this section may be made for such year or years comprised in the grant period concerned as may be specified in the order and in respect of the year or each of the years so specified shall increase the amounts fixed by the relevant rate support grant order as the aggregate amounts of the rate support grants and any elements of the grants for that year to such extent and in such a manner as may appear to [F189 the Secretary of State] to be appropriate, having regard to any additional expenditure incurred or likely to be incurred by local authorities in consequence of the coming into operation of the relevant provision.

(3) In this section “grant period” means the period for which a rate support grant order is made.

(4) There shall be defrayed out of moneys provided by Parliament any increase in rate support grants attributable to this Act.

Textual Amendments

F188 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F189 Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

Marginal Citations

M33 1974 c. 7(81:1).

67 Administrative expenses. E+W

Any administrative expenses of the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

Supplemental U.K.

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190 E+W

Textual Amendments

F190 S. 68 repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

69 Orders and regulations etc. U.K.

(1) Any power conferred on the Secretary of State by this Act to make an order or regulations, except an order under section 25,. . . F191 or paragraph 23 or 24 of Schedule 4, shall be exercisable by statutory instrument; and any statutory instrument made in pursuance of this subsection, except an instrument containing only regulations under paragraph 8(2) of Schedule 3 or an order under section 1(6), 26, 46, , F191 72(2) or 73(2), or paragraph 11(2) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) A statutory instrument containing regulations under subsection (4) of section 5 or an order under section 34 of this Act shall not be subject to annulment as aforesaid, but no such regulations or order shall be included in a statutory instrument containing provisions which do not require approval in pursuance of the said subsection (4) or, as the case may be, to which subsection (7) of the said section 34 does not apply.

(3) An order made or directions given by the Secretary of State under any provision of this Act, except an order under section 7(5), may be revoked or varied by a subsequent order or subsequent directions under that provision.

(4) Any order or regulations made by the Secretary of State under this Act may—

(a) make different provision for different circumstances;

(b) provide for exemptions from any provisions of the order or regulations; and

(c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the order or regulations.

[F192 (5) The power conferred by subsection (4)(c) of this section shall be construed in its application to orders under section 73(2) of this Act as authorising the inclusion in any such order of a provision directing that—

(a) the words “child or” wherever occurring in section 55 of the M34 Children and young Persons Act 1933 (power to order parent or guardian to pay fine etc. ); and

(b) the words from “except” to the end of section 17(4) of the M35 Criminal Justice Act 1982 (limit of aggregate number of hours for which an attendance centre order may require an offender under 14 years of age to attend at an attendance centre),

shall cease to have effect on a day specified in the order.]

Textual Amendments

F191 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F192 S. 69(5) added by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 28

Marginal Citations

M34 1933 c. 12(20).

M35 1982 c. 48(39:1).

70 Interpretation and ancillary provisions. U.K.

(1) In this Act, unless the contrary intention appears, the following expressions have the following meanings:—

• “the M36 Act of 1933” means the Children and Young Persons Act 1933;

• “the M37 Act of 1963” means the Children and Young Persons Act 1963;

• “approved school order”, “guardian” and “place of safety” have the same meanings as in the Act of 1933;

• [F193 “care order” has the meaning assigned to it by section 20 of this Act;]

• “child”, except in Part II (including Schedule 3) and sections 27, 63, 64 and 65 of this Act, means a person under the age of fourteen, and in that Part (including that Schedule) and those sections means a person under the age of eighteen and a person who has attained the age of eighteen and is the subject of a care order;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194

• [F193 “interim order” has the meaning assigned to it by section 20 of this Act;]

• “local authority” [F195 except in relation to proceedings under section 1 of this Act instituted by a local education authority, means the council of a non-metropolitan county or of a metropolitan district] or London borough or the Common Council of the City of London;

• [F196 “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)]

• “petty sessions area” has the same meaning as in [F197 the M38 Magistrates’ Courts Act 1980] except that, in relation to a juvenile court constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, it means such a division of that area as is mentioned in paragraph 14 of that Schedule;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194

• “police officer” means a member of a police force;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194

• “reside” means habitually reside, and cognate expressions shall be construed accordingly except in section [F198 12(4) and (5)][F198 12B(1) and (2)] of this Act;

• “supervision order”, “supervised person” and “supervisor” have the meanings assigned to them by section 11 of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194

• “young person” means a person who has attained the age of fourteen and is under the age of seventeen;

and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.

[F199 (1A) Where, in the case of a child whose father and mother were not married to each other at the time of his birth, an order of any court is in force giving the right to the actual custody of the child to the father, any reference in this Act to the parent of the child includes, unless the contrary intention appears, a reference to the father.

• In this subsection “actual custody”, in relation to a child, means actual possession of his person.]

[F200 (1B) In subsection (1A) of this section the reference to a child whose father and mother were not married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 and “actual custody”, in relation to a child, means actual possession of his person.]

(2) Without prejudice to any power apart from this subsection to bring proceedings on behalf of another person, any power to make an application which is exercisable by a child or young person by virtue of section 15(1), [F201 21(2), 22(4) or (6) or 28(5)] of this Act shall also be exercisable on his behalf by his parent or guardian; and in this subsection “guardian” includes any person who was a guardian of the child or young person in question at the time when any supervision order, [F201 care order or warrant] to which the application relates was originally made.

(3) In section 99(1) of the Act of 1933 (under which the age which a court presumes or declares to be the age of a person brought before it is deemed to be his true age for the purposes of that Act) the references to that Act shall be construed as including references to this Act.

(4) Subject to the following subsection, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment including this Act.

(5) Any reference in this Act to an enactment of the Parliament of Northern Ireland shall be construed 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 for the time being in force which re-enacts the said enactment with or without modifications.

Textual Amendments

F193 Definitions repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F194 Definitions repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F195 Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 23 para. 16

F196 Definition inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 29(a), Sch. 14 para. 1(1)

F197 Words “substituted by Magistrates” Courts Act 1980 (c. 43, SIF 82), s. 154(2) Sch. 7 para. 85

F198 “12B(1) and (2)” substituted (prosp.) for “12(4) and (5)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 29(b), Sch. 14 para. 1(1)

F199 S. 70(1A) inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 8(1)

F200 S. 70(1B) inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 26

F201 Words repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Marginal Citations

M36 1933 c. 12(20).

M37 1963 c. 37(20).

M38 1980 c. 43(82).

71 Application to Isles of Scilly. E+W

This Act shall have effect, in its application to the Isles of Scilly, with such modifications as the Secretary of State may by order specify.

72 Transitional provisions, minor amendments and repeals etc. E+W

(1) The transitional provisions and savings set out in Part I of Schedule 4 to this Act shall have effect.

(2) The transitional provisions set out in Part II of Schedule 4 to this Act shall have effect until such day as the Secretary of State may by order specify for the purposes of this subsection (being the day on and after which those provisions will in his opinion be unnecessary in consequence of the coming into force of provisions of the M39 Social Work (Scotland) Act 1968) and shall be deemed to have been repealed on that day by an Act of Parliament passed after this Act.

X6 (3) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments specified in that Schedule (which are minor amendments and amendments consequential on the provisions of this Act).

X6 (4) Subject to subsection (1) of this section, the enactments mentioned in the first and second columns of Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F202

Editorial Information

X6 The text of s. 72(3)(4) 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.

Textual Amendments

F202 S. 72(5) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

Marginal Citations

M39 1968 c. 49(81:3).

73 Citation, commencement and extent. U.K.

(1) This Act may be cited as the Children and Young Persons Act 1969, and this Act and the Children and Young Persons Acts 1933 to 1963 may be cited together as the Children and Young Persons Acts 1933 to 1969.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different provisions of this Act so far as they apply to such cases only as may be specified in the order.

(3) Without prejudice to the generality of section 69(4) of this Act, an order under the preceding subsection may make such transitional provision as the Secretary of State considers appropriate in connection with the provisions brought into force by the order, including such adaptations of those provisions and of any other provisions of this Act then in force as appear to him appropriate for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of a provision of the M40 Social Work (Scotland) Act 1968.

(4) This section and the following provisions only of this Act extend to Scotland, that is to say—

(a) sections 10(1) and (2), [F203 32(1), (3) and (4)][F203 32(1) to (1C) and (2A) to (4)], 56 and 57(1);

(b) section 72(2) and Part II of Schedule 4;

(c) paragraphs 25, 26, 33, 35, 38, 42, 43, 53, 54 and 57 to 83 of Schedule 5 and section 72(3) so far as it relates to those paragraphs;

(d) section 72(4) and Schedule 6 so far as they relate to the M41 Merchant Shipping Act 1894, the M42 Superannuation (Miscellaneous Provisions) Act 1948, sections 10, 53, 55 and 59 of the Act of 1963, the M43 Family Allowances Act 1965 and the M44 Social Work (Scotland) Act 1968.

(5) This section and the following provisions only of this Act extend to Northern Ireland, that is to say—

(a) sections 25 and 32;

(b) section 72(3) and Schedule 5 so far as they relate to section 29 of the M45 Criminal Justice Act 1961 and provisions of the Social Work (Scotland) Act 1968 which extend to Northern Ireland; and

(c) section 72(4) and Schedule 6 so far as they relate to section 83 of the Act of 1933, paragraph 13 of Schedule 2 to the M46 Children and Young Persons (Scotland) Act 1937, section 29 of the Criminal Justice Act 1961, sections 10(1) and (2), 53(1) and 65(5) of, and paragraphs 27, 34 and 50 of Schedule 3 to, the Act of 1963 and sections 73(2), 76(1) and (2) and 77(1)(b) of the Social Work (Scotland) Act 1968;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F204

(6) Section 26 of this Act and this section, and section 72(4) of this Act and Schedule 6 to this Act so far as they relate to paragraph 13 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937 and section 53(1) of, and paragraph 34 of Schedule 3 to, the Act of 1963, extend to the Channel Islands and the Isle of Man, and section [F205 32(1) [F206 , 1A]][F205 32(1) to (1C)] and (4) of this Act and this section extend to the Channel Islands.

(7) It is hereby declared that the provisions of sections 69 and 70 of this Act extend to each of the countries aforesaid so far as is appropriate for the purposes of any other provisions of this Act extending to the country in question.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 73(2) exercised: S.I. 1969/1552, 1565, 1970/1498, 1883 and 1971/588

Textual Amendments

F203 “32(1) to (1C) and (2A) to (4)” substituted (prosp.) for “32(1), (3) and (4)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 30(a), Sch. 14 para. 1(1)

F204 Words repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I

F205 “32(1) to (1C)” substituted (prosp.) for “32(1), (1A)” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4)(6), Sch. 12 para. 30(b), Sch. 14 para. 1(1)

F206 Words inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 19

Modifications etc. (not altering text)

C25 S. 73(2)(3) extended by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 4 para 2(1)

Marginal Citations

M40 1968 c. 49(81:3).

M41 1894 c. 60(111).

M42 1948 c. 33(101A:1).

M43 1965 c. 53.

M44 1968 c. 49(81:3).

M45 1961 c. 39(39:1).

M46 1937 c. 37(20).

SCHEDULES

SCHEDULE 1 E+W . . . F207

Textual Amendments

F207 Sch. 1 repealed by Legal Aid Act 1974 (c. 4, SIF 77:1), Sch. 5 Pt. I

SCHEDULE 2 E+W . . . F208

Textual Amendments

F208 Sch. 2 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

SCHEDULE 3 E+W Approved schools and other institutions

Modifications etc. (not altering text)

C26 Sch. 3 amended by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 17

Provisions as to staff E+W

1 (1) This paragraph applies where it appears to the Secretary of State that on the date specified in an order under section 46 of this Act (in the following provisions of this Schedule referred to as a “section 46 order”) all or any of the premises used for the purposes of the institution to which the order relates are to be used for the purposes— E+W

(a) of a community home, or

(b) of a school of any of the following descriptions, namely, a county school, a voluntary school which is a controlled or aided school, or a special school;

and in this Schedule “the specified date”, in relation to an institution to which a section 46 order relates, means the date specified in that order.

(2) Where this paragraph applies the Secretary of State may, by the section 46 order, make such provision as he considers appropriate with respect to—

(a) the transfer of existing staff to the employment of the authority, voluntary organisation or other body of persons responsible for the employment of persons at the community home or school, as the case may be; and

(b) the transfer to a local authority or voluntary organisation specified in the order of any liabilities (including contingent and future liabilities) with respect to the payment of superannuation and other benefits to or in respect of existing staff and retired staff.

[F209 (3) In respect of any such superannuation or other benefits as are referred to in sub-paragraph (2)(b) of this paragraph, being benefits to which a person became entitled before the specified date and to which the M47 Pensions (Increase) Act 1971 does not apply, the section 46 order may contain such provisions for securing the payment of additional amounts (calculated by reference to increases under that Act or under any enactment repealed by it) as the Secretary of State considers appropriate having regard to any arrangements obtaining with respect to those benefits before the specified date.]

(4) Where this paragraph applies the section 46 order—

(a) shall contain provisions for the protection of the interests of any existing staff whose employment is transferred as mentioned in sub-paragraph (2)(a) of this paragraph;

(b) may contain provisions for the protection of the interests of existing staff whose employment is not so transferred; and

(c) may contain provisions applying, amending or repealing any provision made by or under any enactment and relating to the conditions of service of existing staff or the payment of superannuation and other benefits to or in respect of existing or retired staff;

and in a case falling within sub-paragraph (1)(b) of this paragraph any provisions made under paragraph (a) of this sub-paragraph shall have effect notwithstanding any provision made by or under any enactment and relating to the remuneration of teachers.

(5) In this paragraph “existing staff” in relation to a section 46 order means persons who, immediately before the specified date, were employed for the purposes of the institution to which the order relates, and “retired staff” in relation to such an order means persons who, at some time before the specified date, were employed for those purposes but ceased to be so employed before the specified date.

Textual Amendments

F209 Sch. 3 para. 1(3) substituted by Pensions (Increase) Act 1971 (c. 56, SIF 101A:3), Sch. 3 para. 5

Marginal Citations

M47 1971 c. 56(101A:3).

2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210 E+W

X7 (2) In accordance with sub-paragraph (1) of this paragraph, subsection (2) of the said section 60 shall be amended as follows:

“(a) after the words “ under the regulations” there shall be inserted the words “ or, in a case to which paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 applies, by the Secretary of State” ; and

(b) after the words “ order under Part I of the Police Act 1964” there shall be inserted the words “ or of an order under section 46 of the Children and Young Persons Act 1969”.”

(3) Where a section 46 order is made in relation to an approved institution but paragraph 1 of this Schedule does not apply in relation to that institution, the section 46 order may make such provision as the Secretary of State considers appropriate with respect to the transfer to him of any such liabilities as are referred to in sub-paragraph (2)(b) of that paragraph and the payment by him of any such additional amount as is referred to in sub-paragraph (3) of that paragraph.

Editorial Information

X7 The text of Sch. 3 para. 2(2) 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.

Textual Amendments

F210 Sch. 3 para. 2(1) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

Use of premises as homes for children in care E+W

3 (1) If on the day specified for the purposes of section 7(5) of this Act premises are used for the purposes of an approved school, then during the period (in this Schedule referred to, in relation to an approved school, as “the interim period”) beginning immediately after that day and ending on the day on which the school ceases to be an approved school (whether by virtue of a section 46 order or otherwise) those premises may be used for the accommodation and maintenance of children in the care of local authorities. E+W

(2) If during the interim period the premises of an approved school are used for the accommodation and maintenance of children in the care of a local authority then, during that period,

(a) any reference in section 21(1) or section 31 of this Act to a community home includes a reference to those premises; and

(b) for the reference in section 18(1)(c) of the M48 Criminal Justice Act 1961 (directions of Secretary of State as to management of approved schools) to persons under the care of the managers there shall be substituted a reference to the children in the care of local authorities who are accommodated and maintained in those premises.

(3) At the request of the managers of an approved school the Secretary of State may, at any time during the interim period, give a direction—

(a) that so much as may be specified in the direction of any rules made under paragraph 1(1) of Schedule 4 to the Act of 1933 (approved school rules) and of any rules made by the managers and approved by him under paragraph 1(2) of that Schedule shall no longer apply in relation to that school; and

(b) that, in place of those rules, so much as may be specified in the direction of any regulations made under section 43 of this Act shall apply, subject to such adaptations and modifications as may be so specified, in relation to the approved school as if it were a community home.

(4) If the effect of the application, by a direction under sub-paragraph (3) above, of any provision of regulations made under section 43 of this Act in relation to an approved school would be to impose any duty or confer any power on a local authority in relation to that school, the Secretary of State shall not give a direction applying that provision except with the consent of the local authority concerned.

Marginal Citations

M48 1961 c. 39(39:1).

4 (1) If on the day specified for the purposes of section 7(5) of this Act a remand home was designated under section 11 of the Act of 1963 as a classifying centre then, during the period beginning immediately after that day and ending on the date specified in a section 46 order relating to that home, the home may be used for the accommodation and maintenance of children in the care of local authorities. E+W

(2) In this Schedule “classifying centre” means a remand home designated as mentioned in sub-paragraph (1) of this paragraph and, in relation to a classifying centre, the period specified in that sub-paragraph is referred to as “the interim period”.

(3) During the interim period—

(a) the expenses of a local authority in providing and maintaining a classifying centre in relation to the whole or part of the expenses of which a direction has been given by the Secretary of State under section 11(3) of the Act of 1963 shall be treated for the purposes of section 104 of the Act of 1933 as if they were expenses incurred by the authority as managers of an approved school;

(b) subsections (4) and (5) of section 106 of the Act of 1933 shall apply in relation to a classifying centre as they apply in relation to an approved school the managers of which are a local authority; and

(c) any reference in section 21(1) or section 31 of this Act to a community home includes a reference to a classifying centre.

5 (1) Where a section 46 order is made in relation to an approved school or approved probation hostel or home and, in a regional plan approved by the Secretary of State, the whole or any part of the premises of the institution is designated as a controlled or assisted community home, the premises so designated may, after the specified date, be used for the purpose specified in the regional plan. E+W

(2) Without prejudice to any power to vary the provisions of a trust deed relating to a community home consisting of premises designated as mentioned in sub-paragraph (1) of this paragraph, the purpose referred to in that sub-paragraph shall be deemed to be included among the purposes for which the premises are held in accordance with a trust deed relating to that home.

6 (1) Where a section 46 order is made in relation to an approved institution (other than an institution provided by a local authority) and, in a regional plan approved by the Secretary of State, the whole or any part of the premises of the institution is designated as a community home to be provided by a local authority, then if the Secretary of State is satisfied that the premises so designated were to a substantial extent provided with the assistance of grants under section 104 of the Act of 1933 or [F211 section 51 of the M49 Powers of Criminal Courts Act 1973], he may, by an authorisation in writing under this paragraph, authorise the transfer of the premises so designated to that local authority.

(2) The transfer of any premises in pursuance of an authorisation under this paragraph—

(a) shall be on such terms, as to payment and other matters, as may be agreed between the local authority concerned and the trustees or other persons in whom the premises are vested and, if the authorisation so provides, as may be approved by the Secretary of State;

(b) shall not take effect before the specified date; and

(c) shall operate to vest the premises transferred in the local authority free from any charitable trust and from any other obligation requiring the use of the premises for the purposes of an approved institution.

(3) Before giving an authorisation under this paragraph authorising the transfer of any premises belonging to a charity or otherwise held on charitable trusts, the Secretary of State shall consult the Charity Commissioners.

Textual Amendments

F211 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 38(a)

Marginal Citations

M49 1973 c. 62(39:1).

7 E+W The provisions of paragraphs 3 to 6 of this Schedule shall have effect notwithstanding anything in the law relating to charities or in any deed or other instrument regulating the purposes for which any premises may be used.

Financial provisions E+W

8 (1) During the period which is the interim period in relation to an approved school or to a classifying centre falling within paragraph 4(3)(a) of this Schedule contributions shall be payable by local authorities to the managers of that school or, as the case may be, the local authority providing the classifying centre in respect of children in the care of the authorities who are accommodated and maintained in the school premises or the classifying centre in accordance with paragraph 3(1) or paragraph 4(1) of this Schedule. E+W

(2) The contributions payable by a local authority under sub-paragraph (1) above in respect of a child in their care shall be payable throughout the time during which the child is accommodated and maintained in the approved school or classifying centre concerned and shall be such as may be prescribed by regulations made by the Secretary of State.

9 (1) Where a section 46 order is made in relation to an approved institution, other than an institution provided by a local authority, and in a regional plan approved by the Secretary of State the whole or any part of the premises of the approved institution is designated as a community home, then,—

(a) on the coming into force of an instrument of management for a voluntary home which consists of or includes the premises so designated; or

(b) on the transfer of the premises so designated to a local authority in pursuance of an authorisation under paragraph 6 of this Schedule,

any such obligation relating to that institution as is referred to in sub-paragraph (2) of this paragraph shall cease.

(2) Sub-paragraph (1) of this paragraph applies to any obligation arising by virtue of a condition imposed under either of the following enactments, namely,—

(a) section 104 of the Act of 1933 (expenses of managers of an approved school); or

(b) [F212 section 51 of the M50 Powers of Criminal Courts Act 1973] (expenditure in connection with approved probation hostels or homes).

(3) In a case falling within sub-paragraph (1) of this paragraph, the section 46 order may contain provisions requiring the responsible authority or organisation or, as the case may be, the local authority to whom the premises are transferred, to pay to the Secretary of State such sum as he may determine in accordance with sub-paragraph (4) of this paragraph by way of repayment of a proportion of any grants made in relation to the former approved institution under either of the enactments referred to in sub-paragraph (2) of this paragraph, but where the community home concerned is an assisted community home, the section 46 order may provide that, with the consent of the Treasury, the Secretary of State may reduce the sum to be paid to him in accordance with the preceding provisions of this sub-paragraph to such sum as he thinks fit.

(4) For the purpose of determining any such sum as is mentioned in sub-paragraph (3) of this paragraph, the Secretary of State shall assess—

(a) the amount which in his opinion represents the proportion of the total amount of the grants paid in respect of expenditure in connection with the former approved institution which was attributable to expenditure of a capital nature; and

(b) the amount which in his opinion represents the proportion of the contributions paid by local authorities under section 90 of the Act of 1933 or, as the case may be, the proportion of the sums paid by probation committees under rules made under [F213 Schedule 3 to the Powers of Criminal Courts Act 1973] which (amount assessed under paragraph (a) above exceeds twice the amount assessed under paragraph (b) above.

(5) If the instrument of management for an assisted community home ceases to have effect as mentioned in subsection (1) of section 48 of this Act there shall be deducted from any sum which is payable to the Secretary of State under subsection (5) of that section any sums paid to him by the responsible organisation in respect of the assisted community home in pursuance of any such provisions of a section 46 order relating to the former approved institution as are referred to in sub-paragraph (3) of this paragraph.

(6) In this paragraph “the former approved institution”, in relation to a community home, means the approved institution the whole or part of the premises of which are comprised in that home.

Textual Amendments

F212 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 38(a)

F213 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 38(b)

Marginal Citations

M50 1973 c. 62(39:1).

10 (1) The provisions of this paragraph apply where in a regional plan approved by the Secretary of State, the whole or any part of the premises of an approved institution to which a section 46 order relates is designated as a controlled or assisted community home and an instrument of management for a community home which consists of or includes the premises so designated has come into force; and in this paragraph “the former approved institution”, in relation to such a community home, means the approved institution the whole or part of the premises of which are comprised in that home.

(2) Where this paragraph applies and the community home concerned is a controlled community home, then—

(a) the Secretary of State may, by the section 46 order, make such provision as he considers appropriate for the transfer to the responsible authority of any rights, liabilities and obligations which, immediately before the specified date, were rights, liabilities and obligations of the managers of, or the society or person carrying on, the former approved institution; and

(b) except in so far as the section 46 order otherwise provides, any legal proceedings pending immediately before the specified date by or against those managers or that society or person shall be continued on and after that date, with the substitution of the responsible authority for those managers or that society or person as a party to the proceedings.

(3) Where this paragraph applies and the community home concerned is an assisted community home but the responsible organisation does not consist of the persons who were the managers of or, as the case may be, is not the society or person who carried on, the former approved institution, paragraphs (a) and (b) of sub-paragraph (2) of this paragraph shall apply with the substitution for any reference to the responsible authority of a reference to the responsible organisation.

(4) If any liabilities of a voluntary organisation which is the responsible organisation in relation to an assisted community home falling within sub-paragraph (1) of this paragraph were incurred by the organisation before the specified date or were transferred to the organisation by the section 46 order (by virtue of sub-paragraph (3) of this paragraph) and, in either case, had the former approved institution continued to be an approved institution, any expenditure incurred in meeting those liabilities would have been eligible for a grant out of moneys provided by Parliament—

(a) under section 104(1)(a) of the Act of 1933 as the expenses of the managers of an approved school, or

(b) under section 77(3)(b) of the M51 Criminal Justice Act 1948 [F214 or under section 51(3)(c) of the M52 Powers of Criminal Courts Act 1973] as expenditure falling within that section and relating to an approved probation hostel or home,

then any expenditure incurred after the specified date by the responsible organisation in meeting those liabilities shall be deemed for the purposes of section 65(1) of this Act to be expenditure incurred by the responsible organisation in connection with the assisted community home in question.

Textual Amendments

F214 Words inserted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 38(c)

Marginal Citations

M51 1948 c. 58(39:1).

M52 1973 c. 62(39:1).

11 (1) Where a section 46 order is made in relation to an approved institution and no such provision as is referred to in sub-paragraph (1) of paragraph 9 of this Schedule is made by a regional plan in relation to any part of the premises of the institution, the person or persons on whom falls any such obligation (in this paragraph referred to as a “repayment obligation”) relating to the institution as is referred to in sub-paragraph (2) of that paragraph may apply to the Secretary of State for an order under this paragraph. E+W

(2) If, on an application under sub-paragraph (1) of this paragraph, it appears to the Secretary of State that on or within a reasonable time after the specified date the premises of the institution concerned or the proceeds of sale of the whole or any part of those premises are to be used for a purpose which is of benefit to children, he may with the consent of the Treasury make an order—

(a) substituting for the conditions under which the repayment obligation arose such different conditions as he considers appropriate with respect to the repayment of any sum to which the repayment obligation relates; and

(b) if the person or persons on whom the repayment obligation falls so request, imposing any liability to repay a sum in pursuance of the substituted conditions referred to in paragraph (a) above on such other person or persons as consent to accept the liability and as, in the opinion of the Secretary of State, will be able to discharge that liability.

Interpretation E+W

12 E+W In this Schedule—

• “approved institution” has the same meaning as in section 46 of this Act;

• “the responsibility authority”, in relation to a controlled community home, has the same meaning as in section 41 of this Act;

• “the responsible organisation”, in relation to an assisted community home, has the same meaning as in section 42 of this Act; and

• “section 46 order” and, in relation to an institution to which such an order relates, “specified date” have the meanings assigned to them by paragraph 1(1) of this Schedule.

SCHEDULE 4 E+W+S Transitional provisions and savings

Part I E+W General

1 E+W For the purposes of subsection (4) of section 1 and subsection (7) of section 7 of this Act, any order under the Act of 1933 committing a child or young person to the care of a fit person other than a local authority, any supervision order under that Act and any order to enter into recognisances in pursuance of section 62(1)(c) of that Act shall be deemed to be such an earlier order as is mentioned in those subsections.

[F215 1A (1) Where—

(a) before the date when section 1 of this Act comes into force any child or young person (hereafter in this paragraph referred to as “the relevant infant”) has been brought before a juvenile court under section 62 of the M53 Children and Young Persons Act 1933 or has been brought before such a court by virtue of a provision of section 40 or 40A of the M54 Education Act 1944; and

(b) immediately before that date that court has neither made any order which it had power to make in respect of the relevant infant under the said section 62 nor dismissed the case,

nothing in paragraph 13 of Schedule 5 to this Act nor in any provision of Schedule 6 thereto shall prevent the proceedings before that court in respect of the relevant infant being continued; but the court shall in those proceedings have power to make any order which it has power to make in proceedings under section 1 of this Act and shall not have power to make any other order, and subsections (3), (4) and (5) of the said section 1 and subsections (10) and (13) of section 2 of this Act shall have effect accordingly with any necessary modifications.

(2) For the purposes of subsection (12) of the said section 2, any order made in respect of the relevant infant by virtue of sub-paragraph (1) of this paragraph shall be deemed to be made under section 1 of this Act.

(3) Any record of a finding of the fact that the relevant infant is in need of care or protection made in pursuance of section 5 of the M55 Children and Young Persons Act 1938 in any such proceedings as are referred to in sub-paragraph (1) of this paragraph shall, notwithstanding the repeal of the said section 5 by this Act, be admissible as evidence of that fact in those proceedings.]

Textual Amendments

F215 Sch. 4 para. 1A inserted by Administration of Justice Act 1970 (c. 31, SIF 37), s. 51(2)

Marginal Citations

M53 1933 c. 12(20).

M54 1944 c. 31(41:1).

M55 1938 c. 40.

Prospective

2 (1) Nothing in section 4 of this Act affects any proceedings against a person for an offence with which by virtue of that section he has ceased to be chargeable since the proceedings were begun; but where a person is found guilty of an offence and by reason of that section could not have been charged with it on the date of finding, then, subject to sections 1(5) and 2(13) of this Act, the court may make an order under section 1 of this Act in respect of the offender or an order discharging him absolutely but shall not have power to make any other order in consequence of the finding.

(2) Nothing in section 4 of this Act shall be construed as preventing any act or omission which occurred outside the United Kingdom from being a civil offence for the purposes of the M56 Army Act 1955, the M57 Air Force Act 1955, or the M58 Naval Discipline Act 1957, or from being dealt with under any of those Acts.

Marginal Citations

M56 1955 c. 18(7:1).

M57 1955 c. 19(7:1).

M58 1957 c. 53(7:1).

Prospective

3 Nothing in section 5 of this Act affects any information laid in respect of a person before the date on which apart from this paragraph the information would have been required by virtue of that section to contain a statement of his age.

4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216

Textual Amendments

F216 Sch. 4 para. 4 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9

5 (1) The coming into force of section 7(1) or of an order under section 34(1)(d) of this Act shall not affect any sentence of borstal training passed before the date when the said section 7(1) or the order came into force or any committal for sentence before that date under [F217 section 37(1) of the M59 Magistrates’ Courts Act 1980]; but a sentence of borstal training shall not be passed on any person (including a person to whom such a committal relates) if on the date of the relevant conviction he had not attained the minimum age which is for the time being specified in section 20(1) of the M60 Criminal Justice Act 1948. E+W

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

Textual Amendments

F217 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 86

F218 Sch. 4 para. 5(2) repealed by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 6

Marginal Citations

M59 1980 c. 43(82).

M60 1948 c. 58(39:1).

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219

Textual Amendments

F219 Sch. 4 para. 6 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

7 (1) Every approved school order in force on the specified day shall cease to have effect at the end of that day; and after that day— E+W

(a) no person shall be detained by virtue of section 73 or section 82 of the Act of 1933 or an order under paragraph 2 of Schedule 2 to the said Act of 1961 or be subject to supervision in pursuance of that Schedule; and

(b) no person who has attained the age of nineteen shall be detained by virtue of a warrant under section 15 of the said Act of 1961.

(2) A person who has not attained the age of nineteen on the specified day and who, but for sub-paragraph (1) of this paragraph, would after that day have been the subject of an approved school order or liable to be detained or subject to supervision as mentioned in that sub-paragraph shall be deemed from the end of that day—

(a) to be the subject of a care order made by the court which made the approved school order in question on the same day as that order and committing him to the care of the local authority named in the approved school order in pursuance of section 70(2) of the Act of 1933 or, if no authority is so named, of a local authority nominated in relation to him by the Secretary of State; and

(b) in the case where he would have been subject to supervision as aforesaid, to have been allowed by the said local authority to be under the charge and control of the person last nominated in relation to him in pursuance of paragraph 1(1) of Schedule 2 to the said Act of 1961;

but nothing in this paragraph shall be construed as affecting the validity of a warrant under the said section 15 in relation to a person who has not attained the age of nineteen.

In relation to a person in respect of whom two or more approved school orders would have been in force after the specified day but for sub-paragraph (1) of this paragraph, references to such an order in paragraph (a) of this sub-paragraph are to the later or latest of the orders.

(3) The Secretary of State may from time to time nominate another local authority in the place of a local authority nominated by him in pursuance of the preceding sub-paragraph or this sub-paragraph.

(4) A person who is the subject of a care order by virtue of sub-paragraph (2) of this paragraph and who was unlawfully absent on the specified day from an approved school in which he was then required to be shall, until the local authority to whose care he is committed by the order direct otherwise, be deemed for the purposes of section 32 of this Act to be duly required by the authority to live after that day in the premises which on that day constituted the school.

(5) A person who on the specified day is the subject of an approved school order or subject to supervision in pursuance of the said Schedule 2 or eligible for assistance under paragraph 7 of that Schedule and is not the subject of a care order from the end of that day by virtue of sub-paragraph (2) of this paragraph shall be deemed for the purposes of section 20 of the M61 Children Act 1948 and section 58 of the Act of 1963 (which authorise local authorities to provide assistance for persons formerly in care) to have been in the care of a local authority under the Children Act 1948 on that day, notwithstanding that he may then have attained the age of eighteen; and in relation to such a person the reference in the said section 58 to the local authority shall be construed as a reference to any local authority.

(6) If an order under section 88 of the Act of 1933 is in force at the end of the specified day in respect of payments under an affiliation order made for the maintenance of a person who is deemed by virtue of this paragraph to be subject to a care order after that day, the order under that section shall after that day be deemed to have been made, by virtue of the care order, under that section as modified by this Act.

(7) [F220 A restriction direction which was given under section 49 of the M62 Mental Health Act 1983] in respect of a person detained by virtue of an approved school order and which is in force at the end of the specified day shall cease to have effect at the end of that day.

(8) References to an approved school order in this paragraph, except in sub-paragraph (2)(a), include references to an order of the competent authority under subsection (1) of section 83 of the Act of 1933 and such an order as is mentioned in subsection (3) of that section; and in relation to those orders this paragraph shall have effect, as if for sub-paragraph (2)(a) there were substituted the following—

“(a) to be the subject of a care order made by a court in England on the date when the order for his detention in a school was made under the relevant law mentioned in section 83 of the Act of 1933 and committing him to the care of a local authority nominated in relation to him by the Secretary of State; and”

(9) In this paragraph “the specified day” means the day specified for the purposes of section 7(5) of this Act.

Textual Amendments

F220 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 26(e)

Marginal Citations

M61 1948 c. 43.

M62 1983 c. 20(85).

8 (1) An order under the Act of 1933 committing a child or young person to the care of a local authority as a fit person and in force on the date when section 7(6) of this Act comes into force shall be deemed on and after that date to be a care order committing him to the care of that authority. E+W

(2) Sub-paragraph (6) of the preceding paragraph shall have effect for the purposes of this paragraph as if for references to that paragraph and the specified day there were substituted respectively references to this paragraph and the day preceding the date mentioned in the preceding sub-paragraph.

9 Except as provided by paragraph 1 of this Schedule and this paragraph, nothing in this Act affects—

(a) an order under the Act of 1933 committing a child or young person to the care of a fit person other than a local authority and in force on the date when section 7(6) of this Act comes into force; or

(b) the operation of any enactment in relation to such an order;

but where an application for the variation or revocation of the order is considered on or after that date by a juvenile court in pursuance of section 84(6) of the Act of 1933, the court shall have power (to the exclusion of its powers under the said section 84(6)) to refuse the application or to revoke the order and, where it revokes the order, to make a care order in respect of the child or young person in question.

10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221

Textual Amendments

F221 Sch. 4 para. 10 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

11 E+W Notwithstanding anything in section 20(3) or 21(1) of this Act, an order which is a care order by virtue of paragraph 8 of this Schedule and a care order made by virtue of paragraph 9 of this Schedule shall, unless previously revoked, cease to have effect when the child or young person in question attains the age of eighteen.

12 (1) Where a supervision order under the Children and Young Persons Acts 1933 to 1963 is in force on the date when this paragraph comes into force or where an order under section 52 of the Act of 1963 (whether made before, on or after that date) falls to be treated by virtue of subsection (3) of that section as a supervision order under the Act of 1933, the order and, in relation to the order, any enactment amended or repealed by this Act shall, subject to the following provisions of this paragraph, have effect as if this Act had not been passed; and the order may be altered or revoked accordingly.

(2) A juvenile court before which the person to whom such a supervision order relates is brought after the date aforesaid in pursuance of subsection (1) of section 66 of this Act of 1933 shall not have power to make such an order as is mentioned in that subsection in respect of him but shall instead have power to revoke the supervision order and make a care order in respect of him on being satisified that he is unlikely to receive the care or control he needs unless the court makes a care order; and section 6(1) of the Act of 1963 shall not apply in a case where the court exercises its power under this sub-paragraph.

(3) Where such a supervision order contains a provision requiring residence in an institution which has becote me a community home, the provision shall be construed as requiring residence in the home; and in such a case any reference to an institution of the kind in question in rules under the [F222 M63 Powers of Criminal Courts Acts 1973] providing for the making of payments to the body or person by whom the institution is managed shall be construed as a reference to the home.

(4) References to a supervision order in sub-paragraphs (2) and (3) of this paragraph include references to an order under the said section 52.

Textual Amendments

F222 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 36

Marginal Citations

M63 1973 c. 62(39:1).

13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223

Textual Amendments

F223 Sch. 4 para. 13 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10 Pt. I

14 E+W If immediately before the coming into force of section 49 of this Act any person has, under section 3(3) of the Children Act 1948, the care and control of a child (within the meaning of that Act) with respect to whom a resolution under section 2 of that Act is in force, then after the coming into force of that section the child shall again be in the care of the local authority by whom the resolution was passed but shall be deemed to have been allowed by that authority, under section 13(2) of that Act (as substituted by the said section 49), to be under the charge and control of that person, on the same terms as were applicable under the said section 3(3).

15 E+W It shall be lawful for a person detained in any place in pursuance of section 27 of the M64 Criminal Justice Act 1948 at the time when paragraph 24 of Schedule 5 to this Act comes into force to be detained there thereafter, until he is next delivered thence in due course of law, as if that paragraph had not come into force.

Marginal Citations

M64 1948 c. 58(39:1).

16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224

Textual Amendments

F224 Sch. 4 para. 16 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

17 E+W Nothing in Schedule 6 to this Act affects the operation of section 15(3) of the M65 Adoption Act 1958 in relation to a fit person order made under the M66 Children and Young Persons (Scotland) Act 1937.

Marginal Citations

M65 1958 c. 5 (7 & 8 Eliz. 2)(49:11).

M66 1937 c. 37(20).

18 E+W Nothing in any provision of Schedule 6 to this Act affects any order which, immediately before the coming into force of that provision, is in force by virtue of any enactment repealed by that provision.

X8 Part II E+W+S Interim Provisions Pending Commencement of M67 Provisions of Social Work (Scotland) Act 1968

Editorial Information

X8 The text of Sch. 4 Pt. II (paras. 19-24), which is spent, 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.

Marginal Citations

M67 1968 c. 49

19 E+W+S Where a court in England or Wales by which a child or young person is found guilty of an offence is satisfied that he resides or will reside in Scotland, the court shall have power, without prejudice to its other powers and notwithstanding anything in section 7(2) of this Act, to make a probation order in respect of him in accordance with sections 3 and 9 of the M68 Criminal Justice Act 1948.

Marginal Citations

M68 1948 c. 58

20 E+W+S In section 51(1) of the Act of 1963, for the words “principal Act” there shall be substituted the words “Children and Young Persons Act 1969 in proceedings under section 1 of that Act.”

21 E+W+S In section 51(2) of the Act of 1963, for the words from “proposes” to “this Act” there shall be substituted “, or a supervision order under the Children and Young Persons Act 1969 has been made in proceedings under section 1 of that Act, proposes to reside or is residing in Scotland” and for the words “specified in the supervision order” there shall be substituted the words “ for which the supervision order would have continued in force if it had been allowed to continue in force until it ceased to have effect by the effluxion of time.”

22 Where a juvenile court in England or Wales is satisfied that a person who has not attained the age of eighteen and in respect of whom a supervision order made by virtue of section 7(7)(b) of this Act or section 7A(4) of the M69 Criminal Justice (Scotland) Act 1949 is in force resides or will reside in Scotland, the court may discharge the order and exercise the like powers to make a probation order in accordance with sections 3 and 9 of the Criminal Justice Act 1948 in respect of him as if in the proceedings it had duly found him guilty of the offence in consequence of which the supervision order was made and section 7(2) of this Act had not been passed; but a probation order made by virtue of this paragraph shall not continue in force after the date on which the discharged supervision order would have ceased to have effect by the effluxion of time.

Marginal Citations

M69 1949 c. 94

23 (1) Where it appears to the local authority to whose care a person is committed by a care order that his parent or guardian resides or will reside in Scotland and that it is appropriate to transfer him to the care of the managers of an approved school in Scotland, the authority shall make a report on the case to the Secretary of State; and thereupon the Secretary of State may, if he thinks fit, make an order transferring the person in question to the care of the managers of such a school.

(2) The provisions of the Children and Young Persons (Scotland) Acts 1937 to 1963 shall apply to an order made under this paragraph as if it were an approved school order made by a juvenile court in Scotland on the date on which the care order in question was originally made; but notwithstanding anything in section 75 of the said Act of 1937 such an order shall cease to have effect on the date when the care order in question would have ceased to have effect by the effluxion of time and the contributions to be made under under section 94 of the said Act of 1937 in respect of the person to whom the order under this paragraph relates shall be made by the authority nominated for the purpose in the order under this paragraph, being the education authority within whose area it appears to the Secretary of State at the time that order is made that his parent or guardian resides or will reside.

(3) When a person is received into the care of the managers of an approved school in pursuance of an order under this paragraph, the care order in question shall cease to have effect.

24 E+W+S If it appesrs to the Secretary of State that the parent or guardian of a person who has not attained the age of nineteen and is the subject of an approved school order in force under the M70 Children and Young Persons (Scotland) Act 1937, or such other order as is mentioned in subsection (1) or subsection (3) of section 87 of that Act, resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing that person to the care of that authority; and an order under this paragraph shall have effect as if it were a care order made on the date on which the approved school or other order was made, but as if sections 20(2) and 21(5) of this Act were omitted.

Marginal Citations

M70 1937 c. 37

Section 72(3).

X9 Schedule 5 U.K. Minor and Consequential Amendments of Enactments

Editorial Information

X9 The text of Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F225

Textual Amendments

F225 Sch. 5 para. 1 repealed by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 6 Pt. II

The Act of 1933 E+W

2 In section 10 of the Act of 1933, after subsection (1) there shall be inserted the following subsection:—

“(1A) Proceedings for an offence under this section shall not be instituted except by a local education authority ; and befor instituting such proceedings the authority shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, to bring the child or young person in question before a juvenile court under section 1 of the Children and Young Persons Act 1969.”

3 E+W In section 34(2) of the Act of 1933 after the words “ be taken” there shall be inserted the words “ by the person who arrested him”.

4 E+W In section 46 of the Act of 1933, after subsection (1) there shall be inserted the following subsection:—

“(1A) If a notification that the acused desires to plead guilty without appearing before the court is received by the clerk of a court in pursuance of section 1 of the Magistrates’ Courts Act 1957 and the court has no reason to believe that the accused is a child or young person, then, if he is a child or young person he shall be deemed to have attained the age of seventeen for the purposes of subsection (1) of this section in its application to the proceedings in question.”

5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226

Textual Amendments

F226 Sch. 5 para. 5 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

6 In section 56(1) of the Act of 1933, for the word “ resides” there shall be substituted the words “ habitually resides”.

7 E+W Section 63 of the Act of 1933 shall cease to have effect.

8—10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227

Textual Amendments

F227 Sch. 5 paras. 8–10 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

Prospective

11 In section 106(2)(a) of the Act of 1933, for the words from “ fifty-seven” to “ Schedule to” there shall be substituted the words “ eighty-seven and eighty-eight of”.

12 [F228 (1) In section 107(1) of the Act of 1933, after the words “ that is to say” there shall be inserted the following words:— “ “ care order” and “ interim order” have the same meanings as in the Children and Young Persons Act 1969. ”]

(2) In the said section 107(1), in the definition of “ place of safety”, for the words “ any home provided by a local authority under Part II of the Children Act 1948 any remand home or” there shall be substituted the words “ a community home provided by a local authority or a controlled community home, any”.

(3) Section 107(2) of the Act of 1933 shall cease to have effect.

Textual Amendments

F228 Sch. 5 paras. 12(1), 37, 47 and 48 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

The M71 Education Act 1944 E+W

Marginal Citations

M71 1944 c. 31.

13 For subsections (2) to (5) of section 40 of the Education Act 1944 there shall be substituted the following subsections:—

“(2) Proceedings for such offences as aforesaid shall not be instituted except by a local education authority ; and before instituting such proceedings the authority shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, to bring the child in question before a juvenile court under section 1 of the Children and Young Persons Act 1969.

(3) The court by which a person is convicted of an offence against section 37 of this Act or before which a person is charged with an offence against section 39 of this Act may if it thinks fit direct the authority who instituted the proceedings to bring the child to whom the proceedings relate before a juvenile court under the said section 1 ; and it shall be the duty of the authority to comply with the direction.

(4) Where a child in respect of whom a school attendance order is in force is brought before a juvenile court by a local education authority under the said section 1 and the court finds that the condition set out in subsection (2)(e) of that section is not satisfied with respect to him, the court may direct that the order shall cease to be in force.”

14—17. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229

Textual Amendments

F229 Sch. 5 paras. 14–17 repealed by Child Care Act 1980 (c. 5), SIF 20, s. 89, Sch. 6

18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F230

Textual Amendments

F230 Sch. 5 para. 18 repealed by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), Sch. 3

19—22. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F231

Textual Amendments

F231 Sch. 5 paras. 19–22 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

M72 The Criminal Justice Act 1948 E+W+S

Marginal Citations

M72 1948 c. 58

23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F232

Textual Amendments

F232 Sch. 5 para. 23 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

24 E+W For section 27 of the said Act of 1948 there shall be substituted the following section:—

“27 Remand of persons aged 17 to 20.

(1) Where a court remands a person charged with or convicted of an offence or commits him for trial or sentence and he is not less than seventeen but under twenty-one years old and is not released on bail, then, if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, it shall commit him to a remand centre and, if it has not been so notified, it shall commit him to a prison.

(2) Where a person is committed to a remand centre in pursuance of this section, the centre shall be specified in the warrant and he shall be detained there for the period for which he is remanded or until he is delivered thence in due course of law.

(3) In this section “court” includes a justice; and nothing in this section affects the provisions of the Magistrates’ Courts Act 1952 (which provides for remands to the custody of a constable).”

25, 26. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F233

Textual Amendments

F233 Sch. 5 paras. 25, 26 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

M73 The Sexual Offences Act 1956 E+W

Marginal Citations

M73 1956 c. 69.

27 E+W In section 37(7) of the Sexual Offences Act 1956, for the words “section twenty or twenty-one of the Magistrates’ Courts Act 1952 (which relate” in paragraph (a) there shall be substituted the words “section 6 of the Children and Young Persons Act 1969 (which relates” and for the words “that Act” in paragraph (b) there shall be substituted the words “ M74 the Magistrates’ Courts Act 1952”.

Marginal Citations

M74 1952 c. 55.

M75 The Affiliation Proceedings Act 1957 E+W

Marginal Citations

M75 1957 c. 55.

28 (1) In section 5(2)(a) of the Affiliation Proceedings Act 1957, for the words from “fit person” to “school” there shall be substituted the words “local authority”. E+W

(2) In section 7(4) of that Act, for paragraph (a) there shall be substituted the following paragraph:—

“(a) subject to the next following subsection, so as to require payments thereunder to be made in respect of any period when the child is in the care of a local authority under section 1 of the or by virtue of a care order (other than an interim order) within the meaning of the Children and Young Persons Act 1969 ;”

(3) In section 7(6) of that Act, for the words from “a person” onwards there shall be substituted the words “by virtue of such a care order as aforesaid”.

29—32. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F234

Textual Amendments

F234 Sch. 5 paras. 29–32 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

M76 The Adoption Act 1958 E+W+S

Marginal Citations

M76 1958 c. 5 (7 & 8 Eliz. 2.)

33 (1) In section 4(3) of the Adoption Act 1958, for paragraph (a) there shall be substituted the following paragraph:— E+W+S

“(a) section 24 of the Children and Young Persons Act 1969 (which relates to the powers and duties of local authorities with respect to persons committed to their care in pursuance of that Act).”

34 E+W In section 15(3) of the said Act of 1958, for the words “the last mentioned order” there shall be substituted the words “or to the care of a local authority by a care order (other than an interim order) in force under the Children and Young Persons Act 1969, the fit person order or care order as the case may be”.

35 E+W+S In section 37(2) of the said Act of 1958, for the words “(4) or (5)” there shall be substituted the words “or (4)”.

36 E+W In section 57(1) of the said Act of 1958, in the definition of “place of safety”, for the word “home” in the first place where it occurs there shall be substituted the words “community home” and for the words “under Part II of the Children Act 1948, remand” there shall be substituted the words “a controlled community”.

M77 The Mental Health Act 1959 E+W+S

Marginal Citations

M77 1959 c. 72.

[F235 37 (1) In subsection (1) of section 9 of the Mental Health Act 1959 for the words from “or other accomodation” to “section fifteen of that Act” there shall be substituted the words “provided under section 38 of the Children and Young Persons Act 1969” and for the words “that Act” there shall be substituted the words “the Children Act 1948”.

(2) In subsection (2) of the said section 9, for the words “or other accomodation provided under the said section fifteen” there shall be subsituted the words “provided under the said section 38”.]

Textual Amendments

F235 Sch. 5 paras. 12(1), 37, 47 and 48 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

38—40. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F236

Textual Amendments

F236 Sch. 5 paras. 38–40 repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 134, Sch. 6

41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F237

Textual Amendments

F237 Sch. 5 para. 41 repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4

42 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F238

Textual Amendments

F238 Sch. 5 para. 42 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), Sch. 5

43 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F239

Textual Amendments

F239 Sch. 5 para. 43 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), Sch. 5

44 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F240

Textual Amendments

F240 Sch. 5 para. 44 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

45 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F241

Textual Amendments

F241 Sch. 5 para. 45 repealed by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 6

M78 The Criminal Justice Act 1961. E+W+N.I.

Marginal Citations

M78 1961 c. 39.

46 E+W+N.I. In section 29(3)(a) of the said Act of 1961, for the words “that Act” there shall be substituted the words “the Children and Young Persons Act 1933”.

The Act of 1963 E+W+S

[F242 47 In section 3(1) of the Act of 1963, for the words “section 62 of the principal Act” there shall be substituted the words “section 1 of the Children and Young Persons Act 1969”.]

Textual Amendments

F242 Sch. 5 paras. 12(1), 37, 47 and 48 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

48 In section 23 of the Act of 1963, in subsection (1)(b), for the words “that Act” there shall be substituted the words “the principal Act” and, in subsection (5), for the words from “for his detention” onwards there shall be substituted the words “within the meaning of the Children and Young Persons Act 1969”.

49 E+W In section 29(1) of the Act of 1963, for the words “before a juvenile court under section 62 or section 65 of the principal Act” there shall be substituted the words “under section 1 of the Children and Young Persons Act 1969 or for an offence” ; and section 29(2) of the Act of 1963 shall cease to have effect.

50—52. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F243

Textual Amendments

F243 Sch. 5 paras. 50–52 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

53 E+W+S For subsection (3) of section 57 of the Act of 1963 there shall be substituted the following subsection:—

“(3) The said sections 39 and 49 shall extend to Scotland and the said sections 46 and 54 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 sections 46 and 54 shall not include a court in England and Wales.”

54 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F244

Textual Amendments

F244 Sch. 5 para. 54 repealed with saving for any benefits or allowances for period before 4.4.1977 by Child Benefit Act 1975 (c. 61, SIF 113:1), s. 21(4), Sch. 5 Pt. I

M79 The Criminal Justice Act 1967 E+W

Marginal Citations

M79 1967 c. 80.

Prospective

55 In [F245 section 9 of the Criminal Justice Act 1967 and section 102 of the Magistrates’ Courts Act 1980], after subsection (3) of each section there shall be inserted the following subsection:—

“(3A) In the case of a statement which indicates in pursuance of subsection (3)(a) of this section that the person making it has not attained the age of fourteen, subsection (2)(b) of this section shall have effect as if for the words from “made” onwards there were substituted the words “understands the importance of telling the truth in it”.”

Textual Amendments

F245 Words in Sch. 5 para. 55 substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82) s. 154, Sch. 7 para. 87

56 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F246

Textual Amendments

F246 Sch. 5 para. 56 repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

M80 The Social Work (Scotland) Act 1968 U.K.

Marginal Citations

M80 1968 c. 49.

57 After section 44(1) of the Social Work (Scotland) Act 1968, there shall be inserted the following subsection:—

“(1A) A supervision requirement imposing a condition as ton the place where a child is to reside in England or Wales shall be a likeauthority as in Scotland for the person in charge of the place to restrict the child’s liberty to such an extent as that person may consider appropriate having regard to the terms of the supervision requirement.”

58 (1) In section 72 of the said Act of 1968, after subsection (1) there shall be inserted the following subsection:— U.K.

“(1A) The juvenile court in England or Wales to which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 of the Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made ; and in relation to a supervision order made by virtue of this subsection—

(a) section 15 of that Act shall have effect as if subsection (2) were omitted ; and

(b) section 17 of that Act shall have effect as if in paragraph (a) the reference to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.”

(2) In subsection (2) of that section, after the word “court” there shall be inserted the words “in Northern Ireland”.

(3) In subsection (4) of that section for the words from “includes” to “1963” there shall be substituted the words “, in relation to England and Wales, has the same meaning as in the said Act of 1969”.

59 (1) In section 73 of the said Act of 1968, in subsection (1), after the word “reporter”, in the second place where it occurs, there shall be inserted the following words:— E+W+S

“(i) in the case of a supervision order made by virtue of section 7A(4) of the Criminal Justice (Scotland) Act 1949, to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the reporter has received by virtue of section 76 of this Act ;

(ii) in any other case.

and at the end of that subsection there shall be inserted the following paragraph:—

In this subsection “appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court.”

(2) After subsection (1) of that section there shall be inserted the following subsection:—

“(1A) Where a court in England and Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales) ; and where the court makes a supervision order by virtue of this subsection—

(a) the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting ;

(b) the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act ; and

(c) the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the reporter shall apply accordingly.”

(3) In subsection (2) of that section for the word “subsection” there shall be substituted the words “provisions of this section.”.

60 E+W+S In section 74 of the said Act of 1968, after subsection (5) there shall be inserted the following subsection:—

“(6) An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the Children and Young Persons Act 1969, but as if sections 20(2) and 21(5) of that Act and in section 20(3) of that Act paragraph (a) and the words “in any other case” in paragraph (b) were omitted.”

61 (1) In section 75 of the said Act of 1968, in subsection (1) after the word “order” there shall be inserted the words “or an order under section 74(3) of this Act relating to a training school”. E+W+S

(2) In subsection (2) of that section, for the words from “under”, where it first occurs, to “1944” there shall be substituted the words “by a care order (other than an interim order) within the meaning of the Children and Young Persons Act 1969 or an order under section 74(3) of this Act” and after the word “1947” there shall be inserted the words “or the said section 74(3)”.

(3) In subsection (3) of that section, after the words “training school order” there shall be inserted the words “or order under the said section 74(3) relating to a training scool”.

(4) In subsection (4) of that section after the word “order” there shall be inserted the words “under the said section 74(3) or”.

62 E+W+S In section 76(4) of the said Act of 1968, after the word “order” there shall be inserted the words “or order under section 74(3) of this Act relating to a training school”.

63 E+W+S In section 90(1) of the said Act of 1968, the words “or to prescribe any matter,” shall be omitted.

64 E+W+S In section 94(1) of the said Act of 1968—

(1) after the definition of “place of safety” there shall be inserted the words—

“prescribed” means—

(a) in section 3, prescribed by regulations,

(b) in section 44, prescribed by rules, and

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

(2) in the definition of “supervision order” after the word “1963” there shall be inserted the words “and includes a supervision order within the meaning of the Children and Young Persons Act 1969”.

65 In section 97(1) of the said Act of 1968—

(1) after the words “that is to say—” there shall be inserted the words “section 44(1) (except head (b)) and (1A)”,

(2) after the words “Part V” there shall be inserted the words “section 98(3)” and “Schedule 2, paragraphs 7 and 13”.

66 E+W+S In section 98 of the said Act of 1968, after subsection (2) there shall be inserted the following subsection:—

“(3) An order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provision of this Act then in force as appear to the Secretary of State necessary or expedient for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of the Children and Young Persons Act 1969.”

67, 68. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F247

Textual Amendments

F247 Sch. 5 paras. 67, 68 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 10 Pt. I

69 E+W+S In Schedule 7 to the said Act of 1968, in paragraph 1(1)(a), for the words “section 63” there shall be substituted the words “section 62”.

70 U.K. In Schedule 8 to the said Act of 1968, in paragraph 7—

(a) for sub-paragraph (1) of that paragraph there shall be substituted the following sub-paragraph:—

(1) In section 87, for subsection (1), there shall be substituted the following subsection—

“(1) Any person detained in a training school under the law in force in Northern Ireland may, with the consent of the Secretary of State, be transferred by order of the competent authhority in Northern Ireland to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order sending him to the school in Northern Ireland were an order for committal for residential training made under section 58A of this Act made upon the same date, and as if the order were an authority for his detention for a period not exceeding the period for which he might be detained under the training school order made in respect of him ;”

(b) in sub-paragraph (2) of that paragraph at the end there shall be inserted the words “; and in section 87(2) and (4) the words “England or”, wherever they occur, shall be omitted” ;

(c) in sub-paragraph (3) of that paragraph the words “to such” shall be omitted ;

(d) after sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraphs—

“(4) In section 87(5) the words “in relation to England, the Secretary of State, and” shall be omitted.

(5) In section 87 subsection (6) shall be omitted.”

71 E+W+S In Schedule 8 to the said Act of 1968, in paragraph 9(2), for the word “for” there shall be substituted the word “of”.

72 E+W+S In Schedule 8 to the said Act of 1968, in paragraph 10, at the end there shall be inserted the following words—

“after the definition of “Street” there shall be inserted the following definition—

“Training school order” has the same meaning as in the Social Work (Scotland) Act 1968.”

73 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F248

Textual Amendments

F248 Sch. 5 para. 73 repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

74 E+W+S In Schedule 8 to the said Act of 1968, in paragraph 38, for the words “In section 15(4)” there shall be substituted the words—

“(1) In section 15(3), for the words “the last mentioned order” there shall be substituted the words “or to the care of a local authority by a care order (other than an interrim order) in force under the Children and Young Persons Act 1969, the fit person order or care order as the case may be”.

(2) In subsection (4).”

75 E+W+S In Schedule 8 to the said Act of 1968, in sub-paragraph (1) of paragraph 51, for the words from “inclufde”where it secondly occurs to the end of the sub-paragraph there shall be substituted the words “include ; and paragraph (e) shall be omitted.”

76 E+W+S In Schedule 8 to the said Act of 1968, in paragraph 54, for the word “and” where the word first occurs there shall be substituted the word “or” and after the words “by virtue of” there shall be inserted the words “where those words secondly occur”.

77 E+W+S In Schedule 8 to the said Act of 1968, after paragraph 59, there shall be inserted the following paragraph:—

“ Criminal Justice Act 1961 E+W+S

59A In section 32(2), after paragraph (g), there shall be inserted the following paragraph—

(h) section 58A of the Children and Young Persons (Scotland) Act 1937.”

78 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F249

Textual Amendments

F249 Sch. 5 para. 78 repealed with saving for any benefits or allowances for period before 4.4.1977 by Child Benefit Act 1975 (c. 61, SIF 113:1), s. 21(2)(4), Sch. 5 Pt. I

79 E+W+S In Part I of Schedule 9 to the said Act of 1968, in the entry relating to the Children and Young Persons (Scotland) Act Act 1937, in the thrid column, after the words “Sections 68 to 86” there shall be inserted the following words:—

“In section 87(2) and (4) the words “England or” wherever they occur, in subsection (5) the words “in relation to England, the Secretary of State, and” and subsection (6).”

80 E+W+S In Part I of Schedule 9 to the said Act of 1968, in the entry relating to the Children Act 1958, in the third column, for the words “Section 2(6) and (7)” there shall be substituted the words—

“In section 2, in subsection (4) the words from “or by virtue of” to “of an approved school”, and subsections (6) and (7).”

81 E+W+S In Part I of Schedule 9 to the said Act of 1968, in the entry relating to section 15(3) of the M81 Adoption Act 1958, in the third column, for the words “or the Children” to “1937” there shall be substituted the following words “fit person by” to “care of a” and the words “fit person order or” and “as the case may be”

Marginal Citations

M81 1958 c. 5 (7 & 8 Eliz. 2)

82 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F250

Textual Amendments

F250 Sch. 5 para. 82 repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

83 E+W+S In Part II of Schedule 9 to the said Act of 1968, in the entry relating to the Family Allowances Act 1965, in the third column, for the words from “11,” to “(2),” there shall be substituted the word “11(2),”.

Section 72(4).

Schedule 6 U.K. Repeals

Chapter	Short title	Extent of repeal
1894 c. 60.	The Merchant Shipping Act 1894.	In section 183(3), the proviso.
1918 c. 57.	The War Pensions (Administrative Provisions) Act 1918.	Section 9(4).
1920 c. 23.	The War Pensions Act 1920.	Section 9.
1933 c. 12.	The Children and Young Persons Act 1933.	In section 10(2) the words from “and may” onwards.
		Sections 26(6), 29(3) and 32.
		In section 34(2) the words “or taken to a place of safety”.
		Section 35.
		In section 44, in subsection (1) the words from “being” to “as”, and subsection (2).
		In section 48(2) the words “a probationer or” and “any failure to comply with the requirements of the probation order or” and the words from “or ot amend” onwards.
		Section 54.
		In section 55 the words “child or” wherever they occur in subsection (1) the words “in any case and shall if the offender is a child”, subsection (2), and in subsection (4) the words “or on forfeiture of any such security as aforesaid”.
		In section 56(1) the words “child or”.
		Sections 57 and 58.
		In section 59(1) the words “children and” and “chil d or”.
		Sections 62 to 85.
		In section 86, subsection (2), in subsection (3) the words “or ordered to be sent to an approved school” and the words from “and”, in the first place where it occurs, to the end of the subsection, and subsection (4).
		Sections 89(1), 90, 91 and 94.
		In section 102, paragraphs (a) and (b) of subsection (1), and in subsection (2) the words from “the rights” to “Act or”.
		Sections 103 and 104.
		In section 106, subsections (3) to (5).
		In section 107(1) the definitions of “approved school”, “approved school order”, “managers” and “special reception centre”.
		Section 107(2).
		Section 108(2) and (3).
		Schedule 4.
1937 c. 37.	The Children and Young Persons (Scotland) Act 1937.	Sections 82, 86, 87 and 89.
		In Schedule 2, paragraph 13.
1938 c. 40.	The Children and Young Persons Act 1938.	The whole Act.
1944 c. 31.	The Education Act 1944.	Section 40A.
1948 c. 33.	The Superannuation (Miscellaneous Provisions) Act 1948.	In Schedule 1, the entries relating to section 40 of the Education Act 1944.
1948 c. 43.	The Children Act 1948.	Section 3(3) to (5).
		In section 4(3), the proviso.
		Sections 5, 6(3) and (4), 7, 15 and 16.
		In section 23, in subsection (1), the words from “(which” to “ailment)” and subsection (3).
		Section 25.
		In section 26(1), paragraph (c), and in paragraph (ii) the words “or (c)” and the words from “or”, in the second place where it occurs, onwards.
		Section 39(1)(e).
		In section 49(1), the words from “other than” onwards.
		Section 51(2).
		Section 54(1) and (2).
		In section 59, in subsection (1) the definition of “approved school order”, and subsection (2).
		In Schedule 3, the entries relating to sections 70, 82, 84, 90 and 107 of the Act of 1933.
1948 c. 58.	The Criminal Justice Act 1948.	In section 3(5), the words from “if the” to “age”.
		In section 11(1) the words from the beginning to “behaviour” in the first place where it occurs.
		In sections 46(1) and 47(1) the words “or a supervision order”.
		Sections 48(4), 49, 71, 72 and 75.
		In section 77, in subsection (1) the words “or in remand homes or approved schools”, in subsection (4)(c) the words “in remand homes or” and “or in approved schools”, and subsection (6).
		In section 80(1), the definition of “approved school”, “remand home” and “supervision order” and in the definition of “sentence” the words from “an”, in the second place where it occurs, to “school”.
		In Schedule 9, the entries relating to sections 54, 58, 70, 77, 78, 82 and 90 of the Act of 1933, in the entry relating to section 48(2) of the Act of 1933 the words “a probationer or” and “any failure to comply with the requirements of the probation order or” and the words from “or to amend” to the end of the entry, and the entry, and the entry relating to the Children and Young Persons Act 1938.
1949 c. 101.	The Justices of the Peace Act 1949.	Section 14.
1950 c. 37.	The Maintenance Orders Act 1950.	In Schedule 1, in the entry relating to section 86 of the Act of 1933, the words from “or as” onwards.
1952 c. 50.	The Children and Young Persons (Amendment) Act 1952.	Sections 2 to 5.
		In the Schedule, paragraphs 2, 3, 5, 8, 9 and 11 to 16.
1952 c. 52.	The Prison Act 1952.	In section 49(2) the words “remand home or”, where they first occur, and the words “remand home” wherever else they occur.
		In section 50, the words from “and subsection” onwards.
		In section 53(1) the definition of “remand home”.
1952 c. 55.	The Magistrates’ Courts Act 1952.	Sections 20, 21 and 26(2).
		Section 32.
		In section 38(1), the words from “The provisions of this” onwards.
1953 c. 33.	The Education (Miscellaneous Provisions) Act 1953.	Section 11.
1956 c. 24.	The Children and Young Persons Act 1956.	The whole Act.
1956 c. 50.	The Family Allowances and National Insurance Act 1956.	Section 5.
1957 c. 55.	The Affiliation Proceedings Act 1957.	In section 5(2)(d) the words from “or” onwards.
		In section 7(5), the words “Sub-paragraph (ii) of”.
1958 c. 55.	The Local Government Act 1958.	In Schedule 8, in paragraph 2, sub-paragraph (3), in sub-paragraph (4) the words “paragraph (b) of”, and sub-paragraph (5).
1958 c. 65.	The Children Act 1958.	In section 2, in subsection (1) the words from “for reward” to “one-month”, in subsection (2) the words from “by” in the first place where it occurs to “or” where that word first subsequently occurs, in subsection (4) the words “the Children and Young Persons Act 1933 or of”, and subsections (6) and (7).
		In section (3), in subsection (4), the words from “or is removed” to “maintaining him” and the words from “or removal” onwards, in subsection (5) the words “need not give a notice under subsection (4) of this section but”, and subsection (6).
		In section 17, in the definition of “fit person order” the words “the Children and Young Persons Act 1933 or”.
		In Schedule 2 the entry relating to section 54 of the Children Act 1948.
1958 c. 5 (7 & 8 Eliz. 2).	The Adoption Act 1958.	In section 15(3) the words from “fit person by” to “care of a” and the words “fit person order or” and “as the case may be”.
		In section 37, in subsection (1) the words “but is not a foster child within the meaning of Part I of the Children Act 1958”, in subsection (2) the words from “by reason” to “subsection nor”, and in subsection (3) the words “in an approved school or”.
1959 c. 72.	The Mental Health Act 1959.	In section 60(6) the words from “including” onwards.
		Section 61.
		Section 70(2).
		In section 72(6)(a) the words from “or made” to “Act 1933” and from “or an order” onwards.
		In section 75(1), the words “(other than a person detained in a remand home)” and in paragraph (b) the words from “or as” to “have been remitted”, and in section 75(2) the words from “including” to “1963”.
		Section 79.
		In section 80(1), the definitions of “approved school” and “remand home”.
1961 c. 39.	The Criminal Justice Act 1961.	In section 1, subsection (1) and the proviso to subsection (2).
		In section 4, in subsection (1) the words “but not less than fourteen”, and in subsection (2)(a) the words from “the offender” to “and”.
		In section 5(2), paragraph (a) and the words following paragraph (b), and section 5(3).
		In section 6, subsections (1) and (2), and in subsection (3) the words from “or ordering” to “home” in paragraph (a), the words from “or” to “home” in paragraph (b), and the words “or remand home” and “a prison is so named and”.
		In section 7, subsection (2), and in subsection (3) the words from “and where” onwards.
		Section 8(1) and (2).
		In section 9, paragraph (a).
		In section 10(2)(a), the words from “except” to “excessive”.
		Sections 14 to 19, 22(4) and 25.
		In section 29(1), the words “remand home” and “special reception centre or other” and in section 29(3) the words from “special” to “1933 and”.
		Schedule 2.
		In Schedule 4 the entries relating to sections 54, 72, 78, 82, 83 and 88 of the Act of 1933 and to Schedule 4 to that Act and the entries relating to the Children and Young Persons Act 1938, section 72 and the change in the definition of “sentence” in section 80(1) of the Criminal Justice Act 1948, sections 20 and 32 of the Magistrates’ Courts Act 1952, and section 79 of the Mental Health Act 1959.
1963 c. 33.	The London Government Act 1963.	In section 47, in subsection (1) the words “and in the definition of remand home in any enactment”, and in subsection (3) the reference in paragraph (c) to section 49 of the Criminal Justice Act 1948.
		In Schedule 17, paragraph 18(c).
1963 c. 37.	The Children and Young Persons Act 1963.	Sections 1(4), 2 and 4 to 15.
		Section 22.
		In section 23 in subsection (1), paragraph (a) and the word “authority”, subsection (2), in subsection (3) the words “or subsection (2)” in both places and the words “takes refuge there or”, and subsections (6) to (8).
		Section 24.
		In section 25(1) the words “or taken to a place of safety”, and section 25(2).
		In section 29, in subsection (1) the words “continue to” and subsection (2).
		Section 33.
		Section 53(1) and (2).
		In section 55 the words from “section 84(5)” to “principal Act”, the word “or” immediately preceding the words “section 17” and the words from “(which relate” onwards.
		Sections 59 and 61.
		In section 65(5), the words “subsections (1) and (2) of section 10 and”, “and 53(1)” and “27” and “34”.
		Schedule 1.
		In Schedule 3, paragraphs 10, 15 to 23, 25 to 27, 33, 34, 35, 36, 44, 46,48 and 49, and in paragraph 50 the words “special reception centre or other”, and “special reception centre has the same meaning as in the Children and Young Persons Act 1933 and”.
1963 c. 39.	The Criminal Justice (Scotland) Act 1963.	In Schedule 5, the entry relating to the Children Act 1948.
1965 c. 53.	The Family Allowances Act 1965.	In section 11(1), sub-paragraph (i) of paragraph (a) and in paragraph (c) the words from “made” to “order”.
1967 c. 80.	The Criminal Justice Act 1967.	In section 55, the words “or any provision of the Children and Young Persons Act 1933” and the words from “and accordingly” onwards.
		In section 77(1), the words “on his means”.
		In Part I of Schedule 3, the entries relating to sections 72(5) and 82(5) of the Act of 1933 and section 14 of the Act of 1963.
1968 c. 49.	The Social Work (Scotland) Act 1968.	In section 72(2), the words “of the Children and Young Persons Acts 1933 to 1963 or, as the case may be”, the word “respectively” and the words “to a supervision order within the meaning of section 5 of the Children and Young Persons Act 1963 or”.
		In section 73(2), the word “juvenile”.
		In section 74, in subsection (3) the words “in England or Wlaes or” and “if he thinks fit” and the words from “an approved” to “be” where it first occurs, in subsection (4) the words from “the Children” to “be of”, the words “an approved school or” in the first, second and third places where they occur, the word “of” and “in” following those words in the first and third of those places respectively and the words “section 71 of the said Act of 1933 or” and “section 90 of the said Act of 1933 or under”, and in subsection (5) the words “of the Atcs of 1933 to 1963 or, as the case may be”, the words “of a local authority or, as the case may be” and the words “those Acts or”.
		In section 75, in subsection (1) the words “the Secretary of State or” and “approved school or”, and in subsection (3) the words “approved school or”.
		In section 76, in subsections (1) and (2) the word “juvenile” wherever it occurs, and in subsection (4) the words “approved school or” and “of the approved school or”.
		Section 77(1)(b).
		In section 90(1) the words “or to presribe any matter”.
		In Schedule 2, in paragraph 10 the words from “and” to “1933”.
		In Schedule 8, paragraphs 2 to 5, 18, 21 and 35.

SCHEDULE 7 E+W . . . F251

Textual Amendments

F251 Sch. 7 repealed by Foster Children Act 1980 (c. 6, SFI 20), Sch. 3