57 Responsibility of parent or guardian for financial penalties.E+W
(1)After subsection (1A) of section 55 of the 1933 Act (power to order parent or guardian to pay fine etc. instead of child or young person) there shall be inserted the following subsection—
“(1B)In the case of a young person who has attained the age of sixteen years, subsections (1) and (1A) above shall have effect as if, instead of imposing a duty, they conferred a power to make such an order as is mentioned in those subsections.”
(2)After subsection (4) of that section there shall be inserted the following subsection—
“(5)In relation to a child or young person for whom a local authority have parental responsibility and who—
(a)is in their care; or
(b)is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,
references in this section to his parent or guardian shall be construed as references to that authority.
In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.”
[F1(3)For the purposes of any order under that section made against the parent or guardian of a child or young person—
(a)sections 18 and 21 above; and
(b)section 35(4)(a) of the 1973 Act (fixing amount of compensation order),
shall have effect (so far as applicable) as if any reference to the financial circumstances of the offender, or (as the case may be) to the means of the person against whom the compensation order is made, were a reference to the financial circumstances of the parent or guardian.
(4)For the purposes of any such order made against a local authority (as defined for the purposes of the M1Children Act 1989)—
(a)section 18(1) above, and section 35(4)(a) of the 1973 Act, shall not apply, F2. . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1S. 57(3)(4) substituted (20.9.1993) by 1993 c. 36, s. 65(3)(4), Sch. 3 para. 5; S.I. 1993/1968, art. 2(2), Sch. 2
F2S. 57(4)(b) together with the word "and" preceding it repealed (3.2.1995) by 1994 c. 33, s. 168(1)(3), Sch. 9 para. 42(4)(5), Sch.11; S.I. 1995/127, art. 2(1), Sch. 1, Appendix A, Appendix C.
Commencement Information
I1S. 57 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations