The Local Government (Children) Amendment Order 1974

Statutory Instruments

1974 No. 425

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government (Children) Amendment Order 1974

Made

13th March 1974

Laid before Parliament

22nd March 1974

Coming into Operation

1st April 1974

The Secretary of State for Social Services in relation to England and the Secretary of State for Wales, in relation to Wales, in exercise of their powers under section 254(1) of the Local Government Act 1972 and of all other powers enabling them in that behalf, hereby make the following order:—

Citation, commencement and extent

1.—(1) This order may be cited as the Local Government (Children) Amendment Order 1974, and shall come into operation on 1st April 1974.

(2) The Local Government (Children) Order 1974(1) and this order may be cited together as the Local Government (Children) Orders 1974.

(3) This order shall not apply to Greater London.

Amendment of the Local Government (Children) Order 1974

2.  The Local Government (Children) Order 1974 shall be amended as follows:—

(a) in article 3 after the word “care” in the fifth line there shall be inserted the words “of, detention by”,

(b) in the headings to columns 2 and 3 of the Table to article 3 after the word “supervision” there shall be added the words “or detained”,

(c) after item 16 in the Table to article 3 there shall be added in columns 1, 2 and 3 the words shown below under headings 1, 2 and 3 respectively—

“1	2	3
17	Section 2(10) of the Children and Young Persons Act Act 1969(2)	The successor authority in whose area the person appears to the court to reside, the place where the offence was committed or any circumstances arose in consequence of which the order is made, is on the specified date situate.
18	Section 2(11) of the said Act.	The successor authority in whose area the person appears to the Court to reside.
19	Section 7(7)(a) of the said Act.	The successor authority in whose area the person appears to reside or the place where the circumstances giving rise to the proceedings arose is on the specified date situate.
20	Section 7(7)(b) of the said Act.	The successor authority which has succeeded to the local authority designated in the supervision order.
21	Section 15(1) of the said Act.	The successor authority in whose area the person appears to reside or the place where the circumstances giving rise to the proceedings arose is on the specified date situate.
22	Section 16(3) of the said Act.	The successor authority in whose area the person appears to the court to reside, the place where the offence was committed or any circumstances arose in consequence of which the order is made, is on the specified date situate.
23	Section 16(4) of the said Act.	The successor authority in whose area the person appears to the court to reside, the place where the offence was committed or any circumstances arose in consequence of which the order is made, is on the specified date situate.
24	Section 21(2) of the said Act.	The successor authority which has succeeded to the local authority designated in the supervision order.
25	Section 23(1) of the said Act.	The successor authority in whose area the person appears to the court to reside or the place where the offence or one of the offences was committed was on the specified date situate.
26	Section 25(1) of the said Act.	The successor authority which has succeeded to the local authority to whose care the person was committed by the Secretary of State.
27	Section 26(2) of the said Act.	The successor authority which has succeeded to the local authority authorised to receive the person into care.
28	Section 4(1) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960(3)—
	in respect to the provision of Section 2(1)(e) of the said Act.	The successor authority in whose area the place where the person was in the opinion of the court resident immediately before being committed is on the specified date situate.
	in respect to the provision of Section 2(1) (f)(ii) of the said Act	The successor authority which has succeeded to the local authority specified in the matrimonial order.”.

Barbara Castle

Secretary of State for Social Services

13th March, 1974

John Morris

Secretary of State for Wales

13th March, 1974

EXPLANATORY NOTE

This Order amends the Local Government (Children) Order 1974 by extending the sections of Acts listed in the Table to Article 3 in respect of the transfer of cases dealt with by the social services department of local authorities to the successor authorities provided by the Local Government Act 1972 consequent upon the establishment by that Act of non-metropolitan counties and metropolitan districts in England and counties in Wales as the local authorities for purposes of the Local Authority Social Services Act 1970(c.42). It makes minor alterations to the wording of Article 3 and the headings to the Table thereto.

(1)

(1974 I, p.117).

(2)

1969 c. 54.

(3)

1960 c. 48.