Part IIIU.K. Miscellaneous and general
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
62—64A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Financial provisionsE+W
65 Grants to voluntary organisations etc.E+W
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [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.
66 Increase of rate support grants.E+W
(1)The power to make an order under [section 4(1) of the 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 [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 [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
Marginal Citations
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.
SupplementalU.K.
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
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,. . . 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, , 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.
[(4A)Nothing in this section applies to an order under section 23AA.]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Interpretation and ancillary provisions.U.K.
(1)In this Act, unless the contrary intention appears, the following expressions have the following meanings:—
“the Act of 1933” means the Children and Young Persons Act 1933;
“the 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;
. . .
“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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
“local authority” [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 [county borough,] metropolitan district] or London borough or the Common Council of the City of London;
[ “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)]
[“local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;]
[“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]
“petty sessions area” . . ., in relation to a [ youth court]constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, . . . means such a division of that area as is mentioned in paragraph 14 of that Schedule;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“police officer” means a member of a police force;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“reside” means habitually reside, and cognate expressions shall be construed accordingly . . .;
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[“young person” means a person who has attained the age of fourteen and is under the age of eighteen years;]
[“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]
[“youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);]
and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.
[[(1A)In the case of a child or young person—
(a)whose father and mother were not married to each other at the time of his birth, and
(b)with respect to whom a residence order is in force in favour of the father,
any reference in this Act to the parent of the child or young person includes (unless the contrary intention appears) a reference to the father.
(1B)In subsection (1A) of this section, the reference to a child or young person 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 “residence order” has the meaning given by section 8(1) of the Children Act 1989.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
Marginal Citations
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 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.
(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).
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Editorial Information
Textual Amendments
Marginal Citations
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 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), [32(1) [to (1E)] 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 Merchant Shipping Act 1894, the Superannuation (Miscellaneous Provisions) Act 1948, sections 10, 53, 55 and 59 of the Act of 1963, the Family Allowances Act 1965 and the 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 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 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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [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
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations