SCHEDULES

SCHEDULE 4 Minor and Consequential Amendments

Children and Young Persons (Scotland) Act 1937 (c. 37)

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1

The Children and Young Persons (Scotland) Act 1937 shall be amended in accordance with this paragraph.

2

In section 12 (cruelty to persons under sixteen)—

a

in subsection (1), for the words from “has the custody” to “that age” substitute “ who has parental responsibilities in relation to a child or to a young person under that age or has charge or care of a child or such a young person, ”;

b

in subsection (2)(a), after the words “young person” insert “ or the legal guardian of a child or young person ”; and

c

in subsection (4), for the words from “of whom” to “or care” substitute “ and he had parental responsibilities in relation to, or charge or care of, that child or young person ”.

3

In section 15 (causing or allowing persons under sixteen to be used for begging), in each of subsections (1) and (2), for the words “the custody” substitute “ parental responsibilities in relation to, or having ”.

4

In section 22 (exposing children under seven to risk of burning), for the words from “having the custody” to “seven years” substitute “ and who has parental responsibilities in relation to a child under the age of seven years or charge or care of such a child ”.

5

In section 27 (interpretation)—

a

the first paragraph shall cease to have effect; and

b

in the second paragraph, for the words “the custody of” substitute “ parental responsibilities in relation to ”.

6

In section 110(1) (interpretation)—

a

after the definition of “local authority” insert—

“parental responsibilities” has the same meaning as in section 1(3) of the Children (Scotland) Act 1995 and includes the responsibilities which a father would have as a parent but for the operation of section 3(1)(b) of that Act;

b

for the definition of “Place of Safety”, substitute

“place of safety” has the meaning give by section 93(1) of the Children (Scotland) Act 1995;

c

for the definition of “Residential establishment” substitute

“residential establishment” has the meaning given by the said section 93(1);