Children and Young Persons Act 1969

Part III U.K. Miscellaneous and general

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 S. 60 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37(1), Sch. 2

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 61 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 9

62—64A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 Ss. 62–64A, 65(1) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(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 [F6 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

F4 Ss. 62–64A, 65(1) repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F5 S. 65(2) repealed by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 4 Pt. X

F6 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 [F7 section 4(1) of the M1 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 [F7 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 [F8 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

F7 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F8 Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

Marginal Citations

M1 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W

Textual Amendments

F9 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,. . . F10 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, , F10 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.

F11 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F10 Words repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F11 S. 69(4A) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 12; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

70 Interpretation and ancillary provisions. U.K.

(1) In this Act, unless the contrary intention appears, the following expressions have the following meanings:—

• “the M2 Act of 1933” means the Children and Young Persons Act 1933;

• “the M3 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;

• F12 . . .

• “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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• F12 . . .

• “local authority” F14 [F15 ..., means the council of a non-metropolitan county or of a [F16 county borough,] metropolitan district] or London borough or the Common Council of the City of London;

• [F17 “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)]

• [F18 “local authority residence requirement” has [F19 the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code];]

• [F20 “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

• “petty sessions area” F21 . . ., in relation to a [F22 youth court]constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, F21 . . . means such a division of that area as is mentioned in paragraph 14 of that Schedule;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• “police officer” means a member of a police force;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• “reside” means habitually reside, and cognate expressions shall be construed accordingly F23 . . .;

• F24 ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• F25 [“young person” means a person who has attained the age of fourteen and is under the age of eighteen years;]

• [F26 “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]

• [F27 “youth rehabilitation order” and “youth rehabilitation order with fostering” have [F28 the meanings given by sections 173 and 176 of the Sentencing Code];]

and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.

[F29 [(1A) In the case of a child or young person—

(a) whose father and mother were not married to[F30 , or civil partners of,] each other at the time of his birth, and

[F31 (b) whose father is named in a child arrangements order as a person with whom the child or young person is to live,]

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.

F29 (1B) In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to[F32 , or civil partners of,] each other at the time of his birth shall be construed in accordance with section 1 of the M4 Family Law Reform Act 1987 and [F33 “ child arrangements] order” has the meaning given by section 8(1) of the M5 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

F12 Definitions in s. 70(1) 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)

F13 Definitions repealed by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

F14 Words in s. 70(1) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 23(3), Sch. 3 Pt. 2

F15 Words substituted by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 23 para. 16

F16 Words in the definition of “local authority” in s. 70(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 6 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F17 Definition in s. 70(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 29(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F18 Words in s. 70(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 18(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F19 Words in s. 70(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 25(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F20 S. 70(1): Definition of “local probation board” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 42; S.I. 2001/919, art. 2(f)(ii)

F21 S. 70(1): words in definition of “petty sessions area” repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9))

F22 Words in s. 70(1) substituted (1.10.1992) by Criminal Justice Act (c. 53, SIF 39:1), s. 100, Sch. 11, para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2

F23 S. 70(1): Words in definition of “reside” repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F24 Words in s. 70(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 18(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)(u)

F25 Definition in s. 70(1) of “young person” substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(2), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F26 Definition in s. 70(1) inserted (30.9.1998 for specified areas and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 23; S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)

F27 Words in s. 70(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 18(c) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F28 Words in s. 70(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 25(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F29 S. 70(1A)(1B) inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 8(1), 33(1), Sch. 2 para. 26 and substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 10; S.I. 1998/2327, art. 2(1)(w).

F30 Words in s. 70(1A)(a) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 2(a)

F31 S. 70(1A)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 43(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F32 Words in s. 70(1B) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 2(b)

F33 Words in s. 70(1B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 43(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Marginal Citations

M2 1933 c. 12(20).

M3 1963 c. 37(20).

M4 1987 c.42.

M5 1989 c.41.

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 M6 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.

X1 (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).

X1 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Editorial Information

X1 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

F34 S. 72(5) repealed by Foster Children Act 1980 (c. 6, SIF 20), Sch. 3

Marginal Citations

M6 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 M7 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), [F35 32(1) [F36 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 M8 Merchant Shipping Act 1894, the M9 Superannuation (Miscellaneous Provisions) Act 1948, sections 10, 53, 55 and 59 of the Act of 1963, the M10 Family Allowances Act 1965 and the M11 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 M12 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 M13 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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(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 [F38 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

F35 Words in s. 73(4)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para.30(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F36 Words in s. 73(4)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 19 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)

F37 Words repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I

F38 Words in s. 73(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para.30(b), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C1 S. 73(2)(3) extended by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 4 para 2(1)

Marginal Citations

M7 1968 c. 49(81:3).

M8 1894 c. 60(111).

M9 1948 c. 33(101A:1).

M10 1965 c. 53.

M11 1968 c. 49(81:3).

M12 1961 c. 39(39:1).

M13 1937 c. 37(20).