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- Point in Time (01/06/1999)
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Version Superseded: 01/08/2001
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(1)A local authority may make a scheme (a “local child curfew scheme”) for enabling the authority—
(a)subject to and in accordance with the provisions of the scheme; and
(b)if, after such consultation as is required by the scheme, the authority considers it necessary to do so for the purpose of maintaining order,
to give a notice imposing, for a specified period (not exceeding 90 days), a ban to which subsection (2) below applies.
(2)This subsection applies to a ban on children of specified ages (under 10) being in a public place within a specified area—
(a)during specified hours (between 9 pm and 6 am); and
(b)otherwise than under the effective control of a parent or a responsible person aged 18 or over.
(3)Before making a local child curfew scheme, a local authority shall consult—
(a)every chief officer of police any part of whose police area lies within its area; and
(b)such other persons or bodies as it considers appropriate.
(4)A local child curfew scheme shall be made under the common seal of the local authority and shall not have effect until it is confirmed by the Secretary of State.
(5)The Secretary of State—
(a)may confirm, or refuse to confirm, a local child curfew scheme submitted under this section for confirmation; and
(b)may fix the date on which such a scheme is to come into operation;
and if no date is so fixed, the scheme shall come into operation at the end of the period of one month beginning with the date of its confirmation.
(6)A notice given under a local child curfew scheme (a “curfew notice”) may specify different hours in relation to children of different ages.
(7)A curfew notice shall be given—
(a)by posting the notice in some conspicuous place or places within the specified area; and
(b)in such other manner, if any, as appears to the local authority to be desirable for giving publicity to the notice.
(8)In this section—
“local authority” means—
in relation to England, the council of a district or London borough, the Common Council of the City of London, the Council of the Isle of Wight and the Council of the Isles of Scilly;
in relation to Wales, the council of a county or county borough;
“public place” has the same meaning as in Part II of the M1Public Order Act 1986.
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