Children and Young Persons Act 1933

28 Powers of entry. E+W

(1) If it is made to appear to a justice of the peace by the local authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act, other than those relating to employment abroad, or of a byelaw [F1 or regulation] made under the said provisions, are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the local authority, or to a constable, empower him to enter, at any reasonable time within forty-eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in [F2 a performance], [F3 being trained, taking part in a sport, or working as a model,] and to make enquiries therein with respect to that person.

[F4 (2) Any authorised officer of the said authority or any constable may—

(a) at any time enter any place used as a broadcasting studio . . . F5 or film studio or used for the recording of a performance with a view to its use in a [F6 programme service] or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which [F7 subsection (2) of]section 37 of the M1 Children and Young Persons Act 1963 applies;

(b) at any time during the currency of a licence granted under the said section 37 or under the provisions of this Part of this Act relating to training for dangerous performances enter any place (whether or not it is such a place as is mentioned in paragraph (a) of this subsection) where the person to whom the licence relates is authorised by the licence to [F8 do anything] or to be trained, and may make inquiries therein with respect to that person.]

(3) Any person who obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any enquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding [F9 level 2 on the standard scale].

[F10 (4) In this section—

• “broadcasting studio” means a studio used in connection with the provision of a programme service;

• “programme service” has the same meaning as in the Broadcasting Act 1990.]

Textual Amendments

F1 Words inserted (prosp.) by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 3

F2 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 9

F3 Words in s. 28(1) substituted (4.8.1998) by S.I. 1998/276, reg. 7(a).

F4 S. 28(2) substituted by Children and Young Persons Act 1963 (c. 37), s. 43

F5 Words inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1 ), Sch. 5 para 4(1) and repealed by Broadcasting Act 1990 (c. 42, SlF 96), s. 203(1)(3), Sch. 12 Part II para. 1, Sch. 20 para. 3(1)(a), Sch. 21

F6 Words substituted by virtue of Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 3(1)(a)

F7 Words in s. 28(2)(a) inserted (4.8.1998) by S.I. 1998/276, reg. 7(b).

F8 Words in s. 28(2)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 7(c).

F9 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F10 S. 28(4) was inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96) s. 57(1), Sch. 5 para. 4(2) (which was repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21) and a new subsection (4) is substituted by s. 203(1), Sch. 20 para. 3(1)(b) of that 1990 Act.

Modifications etc. (not altering text)

C1 S. 28(1) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)

C2 S. 28(1)(3) applied (1.11.1996) (temp.) by 1996 c. 56, ss. 559(5)(6), 583(2) (with ss. 1(4), 561, 562, Sch. 39)

C3 S. 28(3) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 29(3), Sch. 6 para. 1(a)

Marginal Citations

M1 1963 c. 37.