Children and Young Persons Act 1963

Part I — Care and Control of Children and Young Persons

Welfare powers of local authorities

Extension of power to promote welfare of children

1

Children and young persons in need of care, protection or control

Children and young persons in need of care, protection or control

2

Children and young persons beyond control

3

Power to send case under s. 62 of principal Act to local juvenile court

4

Supervision orders and powers of court to deal with persons under supervision or in care of local authority

Supervision orders

5

• (1) Any supervision order (that is to say, any order made under any provision of the principal Act placing a child or young person under the supervision of a probation officer or of some other person appointed for the purpose by the court) which is made or amended after the commencement of this Act shall name the petty sessions area in which the person placed under supervision resides or will reside; and any powers exercisable by a juvenile court—

• (a) in relation to a supervision order so made or amended, shall be exercisable by a juvenile court acting for the petty sessions area for the time being named in the order; and

• (b) in relation to a supervision order made before and not amended after the commencement of this Act, shall be exercisable by a juvenile court acting for the petty sessions area in which the person placed under supervision resides.

• (2) Any supervision order (whether made before or alter the commencement of this Act) which places a person under the supervision of a probation officer shall have effect as an order placing him under the supervision of a probation officer appointed for or assigned to the petty sessions area for the time being named in the order (or, if none is named in the order, the petty sessions area in which that person resides) and selected in accordance with Schedule 1 to this Act.

• (3) A local authority may be appointed as the person under whose supervision a person is placed by a supervision order but, except where that person resides or will reside in their area, shall not be so appointed without their consent.

• (4) The provisions of Schedule 1 to this Act (which reproduce the effect of certain enactments relating to supervision orders with amendments consequential on the preceding provisions of this section and certain other amendments) shall have effect with regard to supervision orders, whether made before or after the commencement of this Act.

• (5) In this section and Schedule 1 to this Act, " petty sessions area " includes a division of the metropolitan area referred to in Part II of Schedule 2 to this Act.

Extension of s. 66 of principal Act

6

• (1) The powers of the juvenile court before which a person is brought under section 66(1) of the principal Act by a probation officer or other person under whose supervision he was placed by an order under that Act shall include power—

• (a) to order his parent or guardian to enter into a recognizance to exercise proper care and guardianship; and

• (b) in a case where the court orders him to be sent to an approved school or commits him to the care of a fit person, to revoke the order placing him under the supervision of the person by whom he is brought before the court;

and where the court exercises its power under paragraph (b) of this subsection to revoke the order mentioned therein, section 76 of the principal Act (which authorises committal to the care of a local authority) shall apply as it applies where no such order is in force.

The Magistrates' Courts Act 1952 shall apply in relation to a recognizance under this subsection as it applies in relation to a recognizance to be of good behaviour.

• (2) The age up to which a person may be brought before the court and dealt with under the said section 66 shall be eighteen instead of seventeen years.

Extension of powers of juvenile court to deal with persons in the care of local authorities

7

• (1) For section 65 of the principal Act there shall be substituted the following section:—

(65) (1) Where a local authority satisfy a juvenile court that a child or young person in their care under section 1 of the Children Act 1948 is refractory and the court thinks it expedient to do so, the court may— (a) order him to be sent to an approved school; or (b) commit him to the care of a fit person (other than that local authority) whether a relative or not, who is willing to undertake the care of him ; and where the court commits him to the care of a fit person and that person consents, it may also, if it thinks it expedient to do so, make an order placing the child or young person for a specified period, not exceeding three years, under the supervision of a probation officer or of some other person appointed for the purpose by the court. (2) Where a child or young person is in the care of a local authority by virtue of an order under the Matrimonial Proceedings (Children) Act 1958 or the Matrimonial Proceedings (Magistrates' Courts) Act 1960 the local authority may, with the leave of the court having power to vary or revoke the order, apply to a juvenile court under this section; and if on such an application they satisfy the juvenile court that the child or young person is refractory and the court thinks it expedient to do so, the court may order him to be sent to an approved school.

• (2) For subsection (8) of section 84 of the principal Act there shall be substituted the following subsection:—

(8) Where a local authority are of opinion that it is desirable to do so in the interests of a child or young person who has been committed to their care, they may apply to a juvenile count, and that court may, if it thinks it desirable in his interests to do so, revoke the order committing him to their care and, where it revokes that order— (a) commit him to the care of another fit person, whether a relative or not, who is willing to undertake the care of him ; or (b) order him to be sent to an approved school; or (c) order his parent or guardian to enter into a recognizance to exercise proper care and guardianship; or (d) without making any other order, or in addition to an order under paragraph (a) or paragraph (c) of this subsection, make an order placing him for a specified period, not exceeding three years, under the supervision of a probation officer, or of some other person appointed for the purpose by the court. The Magistrates' Courts Act 1952 shall apply in relation to a recognizance under this subsection as it applies in relation to a recognizance to be of good behaviour.

Approved schools

Selection of approved school

8

• (1) The school to which a person is to be sent in pursuance of an approved school order shall not be specified in the order; but the order shall be authority for his detention in any approved school and the school in which he is to be detained at any time shall be determined by the Secretary of State.

• (2) In determining the approved school in which a person is to be detained the Secretary of State shall, where practicable, select a school for persons of the religious persuasion to which he belongs.

• (3) If the parent, guardian or nearest adult relative of a person in respect of whom an approved school order has been made applies to a juvenile court for an order under this subsection and proves to the court that the religious persuasion of that person is not as declared (under section 70(1) of the principal Act) by the approved school order, the court shall by order declare the religious persuasion of that person to be that so proved and send a copy of its order to the Secretary of State ; but no such application with respect to a person under the care of the managers of an approved school shall be made later than thirty days after his arrival there.

• (4) An application under subsection (3) of this section may be made—

• (a) if the approved school order was made by a juvenile or other magistrates' court, to a juvenile court acting for the same petty sessions area as that court;

• (b) in any other case, to a juvenile court acting for the petty sessions area in which the applicant resides.

Temporary committal of persons ordered to be sent to approved schools

9

• (1) Every approved school order shall take effect immediately, but shall provide for such time (if any) as may elapse before the person to whom it relates can be sent to an approved school by committing him either—

• (a) to custody in a place specified in accordance with subsection (3) of this section ; or

• (b) to the custody of a fit person to whose care he might have been committed under the principal Act.

• (2) Any provision made in pursuance of subsection (1) of this section shall, unless extended under this subsection, cease to have effect at the expiration of twenty-eight days; and any such provision may, on the application of any person, be varied, and from time to time extended for not more than twenty-eight days, by a juvenile court, and may be so extended in the absence of the person to whom it relates.

• (3) The places to which a person may be committed in custody in pursuance of subsection (1)(a) of this section are—

• (a) if the approved school order is made on a conviction or finding of guilt, any place to which he might have been committed on remand; and

• (b) in any other case, any place of safety.

• (4) If a juvenile court which proposes to make or vary such a provision as is mentioned in subsection (1) of this section in respect of a person who has attained the age of fourteen is satisfied that he is of so unruly a character that he cannot safely be detained in a remand home or other place of safety or of so depraved a character that he is not fit to be so detained, and the court has been notified by the Secretary of State that a remand centre is available for the reception from that court of persons of his class or description, the remand centre may for the purposes of that provision be treated as a place of safety.

• (5) Subsections (2) to (4) of section 6 of the Children and Young Persons Act 1938 (which make provision for children and young persons needing medical treatment while in a place of safety) shall with the necessary modifications apply in relation to an approved school order providing for the temporary detention of a person in a remand home or other place of safety as they apply in relation to such orders as are mentioned in subsection (2) of that section.

Escape of persons subject to approved school orders

10

• (1) If a person has, in pursuance of section 9 of this Act, been committed by an approved school order to custody in any place other than a prison, remand home, remand centre or special reception centre or to the custody of a fit person, and he escapes or is without lawful authority taken from that custody, he may be arrested without warrant in any part of the United Kingdom, the Channel Islands or the Isle of Man.

• (2) Subject to subsection (3) of this section, a person arrested under subsection (1) of this section shall be brought back to the place from which, or as the case may be to the person from whom, he escaped or was taken.

• (3) If the occupier of that place or that person is not willing to receive him, he shall be brought before a juvenile court with a view to the variation of the approved school order under subsection (2) of the said section 9.

• (4) Any person who is arrested under section 82(1) of the principal Act (which relates to the escape of persons sent to approved schools) after having escaped from any hospital, home or institution or after having run away from the person in whose charge he was may, instead of being brought back to his school, be brought back to the hospital, home or institution from which he escaped or, as the case may be, to the person in whose charge he was; and the expenses of bringing a person back in accordance with this subsection shall be borne by the managers of his school.

• (5) Subsection (2) of the said section 82 (which provides for increasing the period of detention of a person brought back to his school) shall extend to any person brought back (whether to his school or elsewhere) after escaping or being taken away from the place in which or the person in whose custody he was after the making of an approved school order in respect of him.

• (6) Any person who—

• (a) knowingly assists or induces a person to escape from any such custody as is referred to in subsection (1) of this section, or

• (b) without lawful authority takes a person away from such custody, or

• (c) knowingly harbours or conceals a person who has so escaped or has been so taken away or prevents him from returning,

shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both.

Designation of remand homes as classifying centres for persons ordered to be sent to approved schools

11

• (1) The Secretary of State may with the consent of a local authority providing a remand home designate the remand home as a classifying centre for persons who have been ordered to be sent to an approved school and may at any time cancel such a designation.

• (2) To the extent that a remand home for the time being designated under this section is used as a classifying centre the provisions of the enactments specified in subsection (4) of this section shall apply in relation to it and to persons detained in it as they apply in relation to an approved school and to persons detained in an approved school; and accordingly section 78(4) of the principal Act (which relates to persons escaping from remand homes) shall not apply in relation to persons detained in a classifying centre in pursuance of this section.

• (3) The Secretary of State may, after consulting the local authority providing a remand home which has been or is to be designated under this section, direct that so much of their expenses in providing and maintaining the home as is attributable to its use as a classifying centre shall be treated for the purposes of sections 90 and 104 of the principal Act as if they were expenses incurred by the authority as managers of an approved school.

• (4) The enactments referred to in subsection (2) of this section are—

• (a) in the principal Act, sections 58, 72, 81 to 83 and 106 and Schedule 4 except paragraphs 1 to 3, 7 and 14 ;

• (b) section 72 of the Criminal Justice Act 1948 ;

• (c) section 79 of the Mental Health Act 1959 ;

• (d) sections 15 to 17 of the Criminal Justice Act 1961;

• (e) any enactment contained in this Act.

Contributions in respect of persons transferred from schools in Scotland or Northern Ireland

12

Where a person has been transferred to an approved school under section 83 of the principal Act (which enables persons detained in schools in Scotland or Northern Ireland to be transferred to approved schools in England or Wales) sections 86 to 89 of that Act (which relate to contributions) shall apply in relation to him as if the order under which he was detained before his transfer were an approved school order.

Contributions by persons detained in approved schools

13

Notwithstanding anything in section 24 of the Children Act 1948, no person under the care of the managers of an approved school shall be liable under section 86 of the principal Act to make contributions in respect of himself to a local authority; but any such person who is engaged in remunerative work shall pay to the managers such weekly sum towards then-expenses as the Secretary of State may determine, but not in respect of any period during which he is out from the school under supervision.

Duty of parents to notify changes of address to approved school or fit person

14

• (1) The parent of a person who is detained in an approved school or is in the care of a fit person in pursuance of an order under the principal Act shall keep the managers of the approved school or, as the case may be, the fit person informed of the parent's address.

• (2) Where a person is transferred from one approved school to another the managers of the school from which he is transferred shall, where possible, inform his parents of the transfer; and until his parent has been so informed, the parent's duty under subsection (1) of this section shall be deemed to be duly discharged if he keeps the managers of the first-mentioned school informed of his address.

• (3) Where, in pursuance of subsection (1) of this section, the managers of an approved school or a local authority are informed of a change in a parent's address they shall give notice of the new address to the local authority in whose area the parent was residing before the change.

• (4) A parent of a person who, knowing that that person is detained in an approved school or in the care of a fit person as mentioned in subsection (1) of this section, fails to comply with that subsection shall be liable on summary conviction to a fine not exceeding five pounds; but in any proceedings under this subsection it shall be a defence to prove that the defendant was residing at the same address as the other parent and had reasonable cause to believe that the other parent had kept the managers or fit person informed of the address of both.

• (5) Section 87(5) of the principal Act (which requires a person on whom a contribution order has been made to notify changes in his address) shall cease to have effect.

Effect of approved school order on fit person or local authority

15

• (1) Where a person has been committed by order of a court to the care of a fit person and, while the order is in force, an approved school order is made in respect of him, the order committing him to the care of that person shall be of no effect while he is under the care of the managers of an approved school; but this section shall not affect the power of the Secretary of State under subsection (4) of section 84 of the principal Act to discharge him from the care of the person to whose care he has been committed by the first-mentioned order or the power of the court under subsection (6) of that section to vary or revoke that order.

• (2) Where a person has ceased to be in the care of a local authority by virtue of subsection (1) of this section or of section 6(3) of the Children Act 1948 (which makes similar provision with respect to children in the care of a local authority under section 1 of that Act), or where a juvenile court, under section 84(8) of the principal Act, has revoked an order committing a person to the care of a local authority and made an approved school order in respect of him, the local authority may, while that person is under the care of the managers of an approved school but not out under supervision, cause him to be visited and befriended, and may, in exceptional circumstances, make payments for his welfare.

Juvenile courts and proceedings in connection with children and young persons

Offences committed by children

16

• (1) Section 50 of the; principal Act shall be amended by substituting therein the word “ten” for the word “eight”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution and place of sitting of juvenile courts

17

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 47(2) of the principal Act (which relates to sittings of juvenile courts) for the words from “subject as hereinafter provided” to “other courts are held” there shall be substituted the words “not sit in a room in which sittings of a court other than a juvenile court are held if a sitting of that other court has been held there within hour before or after the sittings of the juvenile court”.

Jurisdiction of magistrates' courts in certain cases involving children and young persons

18

Notwithstanding section 46(1) of the principal Act (which restricts the jurisdiction of magistrates’ courts which are not youth courts in cases where a child or young person is charged with an offence) a magistrates’ court which is not a youth court may hear an information against a child or young person if he is charged—

• (a) with aiding, abetting, causing, procuring, allowing or permitting an offence with which a person who has attained the age of eighteen is charged at the same time; or

• (b) with an offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which a person who has attained the age of eighteen is charged at the same time.

Assessors for recorder in appeals and committals from juvenile courts

19

Constitution of London Sessions for purposes of committals from juvenile courts

20

Abolition of special time limit for indictable offences in Sch. 1 to principal Act

21

Children and young persons arrested and not released

22

Children and young persons detained in places of safety

23

Age limits for children sent to special reception centres

24

Attendance at court of parents of child or young person brought before court

25

• (1) For section 34 of the principal Act there shall be substituted the following section:—

(34) (1) Where a child or young person is charged with any offence or is for any other reason brought before a court, any person who is a parent or guardian of his may be required to attend at the court before which the case is heard or determined during all the stages of the proceedings, and any such person shall be so required at any stage where ;the court thinks it desirable, unless the court is satisfied that it would be unreasonable to require his attendance. (2) Where a child or young person is arrested or taken to a place of safety, such steps shall be taken as may be practicable to inform at least one person whose attendance may be required under this section

.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical evidence by certificate

26

In any proceedings, other than proceedings for an offence, before a youth court, and on any appeal from a decision of a youth court in any such proceedings, any document purporting to be a certificate of a fully registered medical practitioner who holds a licence to practise as to any person’s physical or mental condition shall be admissible as evidence of that condition.

Evidence of children in committal proceedings for sexual offences

27

Form of oath for use in juvenile courts and by children and young persons in other courts

28

• (1) Subject to subsection (2) of this section, in relation to any oath administered to and taken by any person before a youth court or administered to and taken by any child or young person before any other court, section 1 of the Oaths Act 1978 shall have effect as if the words “I promise before Almighty God” were set out in it instead of the words “I swear by Almighty God that”.

• (2) Where in any oath otherwise duly administered and taken either of the forms mentioned in this section is used instead of the other, the oath shall nevertheless be deemed to have been duly administered and taken.

Provisions as to persons between the ages of 17 and 18

29

• (1) Where proceedings in respect of a young person are begun . . . for an offence and he attains the age of eighteen before the conclusion of the proceedings, the court may . . . deal with the case and make any order which it could have made if he had not attained that age.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of arrears of contributions

Recovery of arrears of contributions

30

Increase of certain penalties

Increase of penalty for cruelty

31

In section I of the principal Act (cruelty to persons under sixteen) paragraph (b) of subsection (1) (which provides for a fine not exceeding twenty-five pounds on summary conviction) shall be amended, as respects offences committed after the commencement of this Act, by the substitution for the words “twenty-five pounds” of the words “one hundred pounds”.

Increase of penalty for sales of tobacco, etc., to persons under 16

32

Section 7 of the principal Act and section 18 of the principal Scottish Act (which, in subsection (1), prohibit the sale of tobacco and cigarette papers to persons apparently under the age of sixteen and, in subsection (2), enable a court to order measures to be taken to prevent the use by such persons of automatic machines for the sale of tobacco) shall each be amended, as respects offences committed after the commencement of this Act, by substituting—

• (a) in subsection (1) (which provides for fines not exceeding two, five and ten pounds on a first, second or subsequent conviction) for the words “two”, “five” and “ten” the words “twenty-five” “fifty” and “one hundred”, respectively; and

• (b) in subsection (2) (which provides for fines not exceeding five pounds for failure to comply with the order of the court and further fines not exceeding one pound for each day during which the offence continues) for the words “five” and “one” the words “fifty” and “ten”, respectively.

New appeals

New appeals

33

Part II — Employment of Children and Young Persons

General provisions as to employment

Hours of employment

34

For paragraph (c) of section 18(1) of the principal Act (which prohibits the employment of children before six o’clock in the morning or after eight o’clock in the evening) and for paragraph (c) of section 28(1) of the principal Scottish Act (which prohibits such employment before six o’clock in the morning or after seven o’clock in the evening or at certain times of the year eight o’clock in the evening) there shall be substituted the following paragraph:—

(c) before seven o’clock in the morning or after seven o’clock in the evening on any day ; or

.

Street trading

35

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Nothing in the said section 20 or section 30 of the principal Scottish Act or in any byelaw made under either of those sections shall restrict the engagement or employment of any person in the carrying on in any place of a retail trade or business (within the meaning of the Shops Act 1950) on any occasion on which it is customary for retail trades or businesses to be carried on in that place.

• (3) At the end of the said section 20 there shall be added the following subsection:—

(3) No person under the age of eighteen shall on a Sunday engage or be employed in street trading of a descrip tion to which, notwithstanding section 58 of the Shops Act 1950 (which extends certain provisions to any place where a retail trade or business is carried on), those provisions do not extend.

Increase of certain penalties

36

Section 21 of the principal Act and section 31 of the principal Scottish Act (which impose penalties for contraventions of the general provisions of those Acts as to employment) shall each be amended, as respects offences committed after the commencement of this Act, as follows:—

• (a) in subsection (1) (which provides for fines not exceeding five pounds and twenty pounds for first and subsequent offences respectively) for the words “five pounds” there shall be substituted the words “twenty pounds” and for the words “twenty pounds” the words “fifty pounds”; and

• (b) in subsection (3) (which provides for fines of twenty shillings and forty shillings for first and subsequent offences respectively) for the words “twenty shillings” there shall be substituted the words “ten pounds” and for the words “forty shillings” the words “twenty pounds”.

Entertainment

Restriction on persons under 16 taking part in public performances, etc.

37

• (1) Subject to the provisions of this section, a child shall not

• (a) take part in a performance to which subsection (2) of this section applies, or

• (b) otherwise take part in a sport, or work as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,

except under the authority of a licence granted by the local authority in whose area he resides or, if he does not reside in Great Britain, by the local authority in whose area the applicant or one of the applicants for the licence resides or has his place of business.

• (2) This subsection applies to—

• (a) any performance in connection with which a charge is made (whether for admission or otherwise);

• (b) any performance in premises—

• (i) which, by virtue of an authorisation (within the meaning of section 136 of the Licensing Act 2003), may be used for the supply of alcohol (within the meaning of section 14 of that Act), or

• (ii) which are licensed premises (within the meaning of the Licensing (Scotland) Act 2005 (asp 16));

• (c) any broadcast performance;

• (d) any performance not falling within paragraph ( c ) above but included in a programme service (within the meaning of the Broadcasting Act 1990);

• (e) any performance recorded (by whatever means) with a view to its use in a broadcast or such a service or in a film intended for public exhibition;

and a child shall be treated for the purposes of this section as taking part in a performance if he takes the place of a performer in any rehearsal or in any preparation for the recording of the performance.

• (3) A licence under this section shall not be required for any child to take part in a performance to which subsection (2) of this section applies if no payment in respect of his taking part in the performance, other than for defraying expenses, is made to him or to another person, and—

• (a) in the six months preceding the performance he has not taken part in other performances to which subsection (2) of this section applies on more than three days; or

• (b) the performance is given under arrangements made by a school (within the meaning of the Education Act 1996 or the Education (Scotland) Act 1962) or made by a body of persons approved for the purposes of this section by the Secretary of State or by the local authority in whose area the performance takes place, . . .;

but the Secretary of State may by regulations made by statutory instrument prescribe conditions to be observed with respect to the hours of work, rest or meals of children taking part in performances as mentioned in paragraph (a) of this subsection.

• (4) The power to grant licences under this section shall be exercisable subject to such restrictions and conditions as the Secretary of State may by regulations made by statutory instrument prescribe and a local authority shall not grant a licence for a child to do anything unless they are satisfied that he is fit to do it, that proper provision has been made to secure his health and kind treatment and that, having regard to such provision (if any) as has been or will be made therefor, his education will not suffer; but if they are so satisfied, in the case of an application duly made for a licence under this section which they have power to grant, they shall not refuse to grant the licence.

• (5) Regulations under this section may make different provision for different circumstances and may prescribe, among the conditions subject to which a licence is to be granted, conditions requiring the approval of a local authority and may provide for that approval to be given subject to conditions imposed by the authority.

• (6) Without prejudice to the generality of the preceding subsection, regulations under this section may prescribe, among the conditions subject to which a licence may be granted, a condition requiring sums earned by the child in respect of whom the licence is granted in any activity to which the licence relates to be paid into the county court (or, in Scotland, consigned in the sheriff court) or dealt with in a manner approved by the local authority.

• (7) A licence under this section shall specify the times, if any, during which the child in respect of whom it is granted may be absent from school for the purposes authorised by the licence; and for the purposes of the enactments relating to education a child who is so absent during any times so specified shall be deemed to be absent with leave granted by a person authorised in that behalf by the managers, governors or proprietor of the school or, in Scotland, with reasonable excuse.

• (8) Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Restriction on licences for performances by children under 13

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to licences under section 37

39

• (1) A licence under section 37 of this Act may be varied on the application of the person holding it by the local authority by whom it was granted or by any local authority in whose area any activity to which it relates takes place.

• (2) The local authority by whom such a licence was granted and any local authority in whose area any activity to which it relates takes place, may vary or revoke the licence if any condition subject to which it was granted is not observed or they are not satisfied as to the matters mentioned in subsection (4) of the said section 37, but shall, before doing so, give to the holder of the licence such notice (if any) of their intention as may be practicable in the circumstances.

• (3) Where a local authority grant such a licence authorising a child to do something in the area of another local authority they shall send to that other authority such particulars as the Secretary of State may by regulations made by statutory instrument prescribe; and where a local authority vary or revoke such a licence which was granted by, or relates to an activity in the area of, another local authority, they shall inform that other authority.

• (4) A local authority proposing to vary or revoke such a licence granted by another local authority shall, if practicable, consult that other authority.

• (5) The holder of such a licence shall keep such records as the Secretary of State may by regulations made by statutory instrument prescribe and shall on request produce them to an officer of the authority who granted the licence, at any time not later than six months after the occasion or last occasion to which it relates.

• (6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates’ court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

• (7) Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Offences

40

• (1) If any person—

• (a) causes or procures any child or, being his parent or guardian, allows him, to do anything in contravention of section 37 of this Act; or

• (b) fails to observe any condition subject to which a licence under that section is granted, or any condition prescribed under subsection (3) of that section; or

• (c) knowingly or recklessly makes any false statement in or in connection with an application for a licence under that section;

he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scaleor imprisonment for a term not exceeding three months or both.

• (2) If any person fails to keep or produce any record which he is required to keep or produce under section 39 of this Act, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scaleor imprisonment for a term not exceeding three months or both.

• (3) The court by which the holder or one of the holders of a licence under section 37 of this Act is convicted of an offence under this section may revoke the licence.

• (4) In any proceedings for an offence under this section alleged to have been committed by causing, procuring or allowing a child to take part in a performance without a licence under section 37 of this Act it shall be a defence to prove that the accused believed that the condition specified in paragraph (a) of subsection (3) of that section was satisfied and that he had reasonable grounds for that belief.

Licences for training persons between 12 and 16 for performances of a dangerous nature

41

• (1) The power to grant licences under section 24 of the principal Act (which relates to the training of childrento take part in performances of a dangerous nature) shall be exercisable by the local authority for the area or one of the areas in which the training is to take place instead of by a magistrates’ court.

• (2) A licence under the said section 24 or under section 34 of the principal Scottish Act (which makes provision in Scotland similar to that made in England and Wales by the said section 24 as amended by subsection (1) of this section) may be revoked or varied by the authority who granted it if any of the conditions embodied therein are not complied with or if it appears to them that the person to whom the licence relates is no longer fit and willing to be trained or that proper provision is no longer being made to secure his health and kind treatment.

• (3) Where an authority refuse an application for such a licence or revoke or vary such a licence they shall state their grounds for doing so in writing to the applicant, or, as the case may be, to the holder of the licence, and the applicant or holder may appeal to a magistrates’ court or, in Scotland, to the sheriff, against the refusal, revocation or variation.

Licences for children and young persons performing abroad

42

• (1) Section 25 of the principal Act (which prohibits childrenfrom going abroad for certain purposes except under the authority of a licence granted under that section) and section 26 of that Act (which imposes penalties for contraventions) shall have effect as if the words “singing, playing, performing or being exhibited” included taking part in any such performance as is mentioned in paragraph (c) or (d) of section 37(2) of this Act.

• (2) A licence under the said section 25 may be granted in relation to a purpose referred to in subsection (1)(a) of that section in respect of a person notwithstanding that he is under the age of fourteen if—

• (a) the engagement which he is to fulfil is for acting and the application for the licence is accompanied by a declaration that the part he is to act cannot be taken except by a person of about his age; or

• (b) the engagement is for dancing in a ballet which does not form part of an entertainment of which anything other than ballet or opera also forms part and the application for the licence is accompanied by a declaration that the part he is to dance cannot be taken except by a child of about his age; or

• (c) the engagement is for taking part in a performance the nature of which is wholly or mainly musical or which consists only of opera and ballet and the nature of his part in the performance is wholly or mainly musical.

Extended powers of entry

43

For subsection (2) of section 28 of the principal Act and for subsection (2) of section 36 of the principal Scottish Act there shall be substituted the following subsection:—

(2) Any authorised officer of the said authority or any constable may— (a) at any time enter any place used as a broadcasting studio or film studio or used for the recording of a performance with a view to its use in a broadcast or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which section 37 of the 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 take part in a performance or to be trained, and may make inquiries therein with respect to that person.

Construction of Part II

Construction of Part II

44

• (1) This Part of this Act, in its application to England and Wales, and, as regards section 42, in its application elsewhere, shall be construed, and Part II of the principal Act shall have effect, as if this Part were included in that Part.

• (2) This Part of this Act, except section 42, shall, in its application to Scotland, be construed as if it were included in Part III of the principal Scottish Act and as if references to a local authority were references to an education authority; and the said Part III shall have effect as if this Part of this Act (except section 42) were included in it.

Part III — Miscellaneous and General

Research and financial assistance

Research

45

Financial assistance under s. 20 of Children Act 1948

46

• (1) In subsection (1) of section 20 of the Children Act 1948 (which authorises a local authority to contribute towards the cost of accommodation and maintenance of certain persons over the age of eighteen who have been in the care of a local authority) after the word " being " there shall be inserted the words " either a person who has attained the age of seventeen but has ceased to be in the care of a local authority, or ".

• (2) In subsection (2) of the said section 20 (which authorises a local authority to make grants towards the education or training of certain persons over the age of eighteen who immediately before they attained that age were in the care of a local authority) for the word " eighteen ", in the first place where it occurs, there shall be substituted the word " seventeen " and for the words " immediately before they attained the age of eighteen " there shall be substituted the words " at or after the time when they attained the age of seventeen ".

Power of local authority to guarantee apprenticeship deeds etc. of persons in their care

47

While a person is in the care of a local authority under the principal Act, the principal Scottish Act or the Children Act 1948 or by virtue of an order under the Matrimonial Proceedings (Children) Act 1958 or the Matrimonial Proceedings (Magistrates' Courts) Act 1960, the local authority may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship entered into by that person; and where the local authority have undertaken any such obligation under any deed or articles they may at any time (whether or not the person concerned is still in their care) undertake the like obligation under any deed or articles supplemental thereto.

Children in respect of whom parental rights may be or have been assumed by local authority

Extension of power of local authority to assume parental rights

48

Harbouring or concealing child required to return to local authority

49

Extension of power to appoint guardian

50

Persons under supervision changing country of residence

Supervision of persons moving to Scotland

51

Supervision orders by Scottish courts in respect of persons residing in England

52

• (1) Where a court in Scotland is satisfied that a child or young person in respect of whom it would otherwise make a supervision order under the principal Scottish Act resides or will reside in England or Wales, the court shall, instead of making such an order, make an order naming the petty sessions area in which the child or young person will reside and placing him for a specified period not exceeding three years under the supervision of a probation officer in England or Wales.

• (2) Where a court in Scotland is satisfied that a person in respect of whom a supervision order under the principal Scottish Act has been made proposes to reside or is residing in England or Wales the court shall discharge that order and make an order under subsection (1) of this section, specifying as the period for which that person will be under supervision the remainder of the period specified in the supervision order.

• (3) An order made under the preceding provisions of this section shall be treated for the purposes of the principal Act and this Act as a supervision order under the principal Act.

• (4) In this section " petty sessions area " includes a division of the metropolitan area referred to in Part II of Schedule 2 to this Act.

Children and young persons escaping to other parts of British Islands

Arrest in one part of British Islands of children or young persons escaping in other part

53

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Adoption Act 1958

Extension of scope of Adoption Rules

54

Emigration with consent of Secretary of State

55

Section 52 of the Adoption Act 1958 (which, subject to exceptions, requires the authority of a provisional adoption order for the taking or sending abroad for adoption of infants who are British subjects) shall not apply in the case of any infant emigrating under the authority of the Secretary of State given under . . . section 17 of the Children Act 1948 or section 23 of the Social Work (Scotland) Act 1968 . . .

Miscellaneous

Prosecution of offences under Part I or Part II of principal Act

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Newspaper and broadcast reports of proceedings involving children and young persons

57

• (1) In section 39 of the principal Act and in section of the principal Scottish Act (which empower a court to prohibit the publication in newspapers of pictures or matter leading to the identifleation of children and young persons concerned in certain proceedings) the words “which arise out of any offence against, or any conduct contrary to, decency or morality” shall be omitted and for the word “against” in paragraph (a) there shall be substituted the words “by or against”.

• (2) . . . section 54 of the principal Scottish Act (which restrict newspaper reports of proceedings in youth courts) shall, with the necessary modifications, apply in relation to any proceedings on appeal from a youth court (including . . ., in Scotland, stated case) as they apply in relation to proceedings in a youth court.

• (3) Sections 39 and 49 of the principal Act shall extend to Scotland and the said section 46 shall extend to England and Wales, but—

• (a) references to a court in the said sections 39 and 49 shall not include a court in Scotland; and

• (b) references to a court in the said section 46 shall not include a court in England or Wales.

• (4) The said sections 39 and 49 and the said sections 46 . . . shall, with the necessary modifications, apply in relation to sound and television broadcasts as they apply in relation to newspapers.

Power of local authority to visit and assist persons formerly in their care

58

Adjustment between local authorities of expenses of maintaining persons in remand homes

59

Supplementary provisions

Expenses

60

There shall be paid out of moneys provided by Parliament any expenses incurred by the Secretary of State under this Act and any increase attributable to this Act in the moneys so payable under any other enactment.

Effect of Act on general grants in England and Wales

61

Effect of Act on general grants in Scotland

62

Interpretation

63

• (1) In this Act “the principal Act” means the Children and Young Persons Act 1933 and “the principal Scottish Act” means the Children and Young Persons (Scotland) Act 1937.

• (1A) The local authorities for the purposes of Parts I and III of this Act shall be the councils of counties (other than metropolitan counties of county boroughs,), of metropolitan districts and of London boroughs and the Common Council of the City of London.

• (2) References in this Act to any enactment are references thereto as amended and include references thereto as applied, by any other enactment including, except where the context otherwise requires, any enactment contained in this Act.

Amendments, transitional provisions, and repeals

64

• (1) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments specified therein.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation, construction, commencement and extent

65

• (1) This Act may be cited as the Children and Young Persons Act 1963.

• (2) This Act and the Children and Young Persons Acts 1933 to 1956 may be cited as the Children and Young Persons Acts 1933 to 1963, and this Act and the Children and Young Persons (Scotland) Acts 1937 and 1956 may be cited as the Children and Young Persons (Scotland) Acts 1937 to 1963.

• (3) This Act, except in so far as it amends any Act not construed as one with the principal Act or the principal Scottish Act, shall be construed, in its application to England and Wales, as one with the principal Act and, in its application to Scotland, as one with the principal Scottish Act.

• (4) The following provisions of this Act do not extend to Scotland, that is to say, Part I except sections 1, 10 and 32, sections 56 and 61, and Schedules 1 and 2 and Schedule 4 except paragraph 3.

• (5) sections 42 . . . of this Act, paragraphs 7, 8, . . . and 50 of Schedule 3, and so much of Schedule 5 as relates to section 25 and section 26 of the principal Act, extend to Northern Ireland.

• (6) This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes; and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the time at which that provision comes into operation.

SCHEDULE 1

Contents and duration of supervision orders

1

Subject to the provisions of this Schedule, a supervision order may contain such provisions as the court, having regard to the particular circumstances of the case, considers necessary for effecting the purpose of the order.

2

A supervision order shall cease to have effect when the person placed under supervision attains the age of eighteen.

Discharge and amendment

3

• (1) A juvenile court may, upon the application of the person under supervision, or of the person under whose supervision he is, discharge the supervision order.

• (2) Without prejudice to its power under the preceding sub-paragraph, where an order is in force committing the person under supervision to the care of a fit person, the juvenile court may discharge the supervision order on the application of that person or, where the other order is revoked, without any application.

4

• (1) Subject to sub-paragraph (2) of this paragraph, if a juvenile court is satisfied that a person under supervision proposes to change, or has changed, his residence to another petty sessions area, the court may, and if an application in that behalf is made by the person under whose supervision he is shall, by order amend the supervision order by substituting for the petty sessions area named therein (or, as the case may be, by inserting therein) the petty sessions area where the person under supervision proposes to reside or is residing.

• (2) If the supervision order contains requirements which, in the opinion of the court, cannot be complied with unless the person under supervision continues to reside in the same petty sessions area, the court shall not amend the order as aforesaid unless, in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes therefor other requirements which can be so complied with.

5

• (1) Subject to sub-paragraph (2) of this paragraph, a juvenile court may, on the application of any person, by order amend a supervision order—

• (a) by substituting for the supervision of a probation officer supervision by a person appointed for the purpose by the court; or

• (b) by substituting for the supervision of a person appointed for the purpose by the court supervision by some other person so appointed or supervision by a probation officer; or

• (c) by cancelling any of the requirements of the order or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by the court.

• (2) A court shall not amend a supervision order under this paragraph—

• (a) by reducing the period of supervision specified in the order, or by extending that period beyond the end of three years from the date of the original order ; or

• (b) by inserting therein a requirement that the person under supervision shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order.

6

• (1) Where an application for the discharge or amendment of a supervision order made in respect of any person is made by the person under whose supervision he is, the applicant may, for the purpose of the application, bring the person under supervision before the court.

• (2) Where a court proposes to amend a supervision order by imposing a requirement that the person under supervision shall reside in an institution or submit to treatment for his mental condition the court shall summon the person under supervision to appear before the court.

Requirements as to residence and treatment

7

A supervision order may not contain any requirement as to the place of residence of the person placed under supervision or as to treatment for his mental condition unless he either is under the age of fourteen or consents to the requirement.

8

The period for which a person may be required by a supervision order to reside in an approved probation hostel, an approved probation home or any other institution or to submit to treatment for his mental condition shall not exceed twelve months.

9

A supervision order requiring the person under supervision to submit to treatment for his mental condition shall specify one of the following as the treatment required, that is to say—

• (a) treatment as a resident patient in a hospital or mental nursing home within the meaning of the Mental Health Act 1959, but not in a special hospital within the meaning of that Act;

• (b) treatment as a non-resident patient at an institution or place specified in the order ; or

• (c) treatment by or under the direction of a fully registered medical practitioner specified in the order.

10

Where a medical practitioner by whom or under whose direction a person (in this paragraph referred to as " the patient") is being treated for his mental condition in pursuance of any requirement of a supervision order is of opinion—

• (a) that the treatment should be continued beyond the period specified in that behalf in the order; or

• (b) that the patient needs different treatment; or

• (c) that the patient is not susceptible to treatment; or

• (d) that the patient does not require further treatment;

or where the practitioner is for any reason unwilling to continue to treat or direct the treatment of the patient, he shall make a report in writing to that effect to the person under whose supervision the patient is and that person shall apply to a juvenile court for the variation or cancellation of the requirement.

Selection of probation officers

11

The probation officer under whose supervision a person is to be placed shall be selected under arrangements made by the probation committee.

12

If the probation officer so selected dies or is unable for any reason to carry out his duties, or if the case committee dealing with the case think it desirable that another person should take his place, another probation officer shall be selected in like manner.

13

The probation officer under whose supervision a girl is placed shall be a woman.

Notification of orders

14

The court by which a supervision order is made or amended shall forthwith give or send a copy of its order—

• (a) to the person under supervision; and

• (b) to the person under whose supervision he is placed ; and

• (c) where the person under supervision is required to reside in an institution, to the person in charge of the institution; and

• (d) where the person under supervision is required to reside in an institution which is neither an approved probation hostel or home nor a mental nursing home or hospital within the meaning of the Mental Health Act 1959 in which he is required to reside for the purpose of treatment as a resident patient, to the Secretary of State ; and

• (e) where the petty sessions area named in the order is not the petty sessions area for which the court acts, to the clerk to the justices for the petty sessions area named in the order;

and, in the case mentioned in sub-paragraph (e) of this paragraph, shall also send to the clerk to the said justices such documents and information relating to the case as the court considers likely to be of assistance to them.

Schedule 2

Part I — OUTSIDE METROPOLITAN AREA

Juvenile court panels

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Combined juvenile court panels

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of order establishing combined panel

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on formation of combined panels

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultations and notices

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Metropolitan Area

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — General

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 3

The Principal Act

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 3, the words " or in default of payment of such a fine " shall be omitted.

3

In section 4(1), the words " or in default of payment of such a fine " shall be omitted.

4

For subsection (3) of section 18 there shall be substituted the following subsection:—

(3) Nothing in this section, or in any byelaw made under this section, shall prevent a child from taking part in a performance— (a) under the authority of a licence granted under this Part of this Act ; or (b) in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence that section is required for him to take part in the performance.

5

In section 23, for the words “public performance” there shall be substituted the words “performance to which section 37 of the Children and Young Persons Act 1963 applies and”.

6

• (1) In subsection (2) of section 24 for the words “petty sessional court” there shall be substituted the words “local authority”.

• (2) In subsection (4) of that section for the word “court”, in both places where it occurs, there shall be substituted the word “authority”.

7

In the proviso to section 25(1), for the words “Great Britain and Ireland” there shall he substituted the words “the United Kingdom”.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In section 28(1) for the words “an entertainment or performance” there shall be substituted the words “a performance”.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

In section 53(4), for the words “shall return” there shall be substituted the words “may be arrested without warrant by any constable and taken”; and the words from “and if he fails” to the end of the section shall be omitted.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

In section 58, for the words “for the detention of the person to whom it relates” there shall be substituted the words “for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine”.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

• (1) In section 67(1), after the words " committed, or " there shall be inserted the words " any person ".

• (2) In section 67(2), after the words " five foregoing sections " there shall be inserted the words " or subsection (8) of section 84 of this Act ".

18

In subsections (2) and (7) of section 70, for the words from " by reason of " to " education)" there shall be substituted the words " in respect of a person brought before a juvenile court under section 40A of the Education Act 1944 ".

19

In section 73, the words " under the foregoing provisions of this Act" shall be omitted and at the end of the proviso there shall be added the words " nor to a person detained under this section or under section 17 of the Criminal Justice Act 1961 ".

20

• (1) In subsection (1) of section 84, after the words " in this section " there shall be inserted the words " and the next following section ".

• (2) In subsection (6) of that section the words " upon the application of any person " shall be omitted.

21

In section 85(1), for the words from " who, having no parent" to the end of the subsection there shall be substituted the words " beyond the control of his parent or guardian ".

22

In section 90(5), the following shall be substituted for paragraph (b):—

(b) is made in respect of a person brought before a juvenile court under section 40A of the Education Act 1944

.

23

In section 102(1)(a), after the words " probation officer or other person " there shall be inserted the words " (including an order under section 51(1) of the Children and Young Persons Act 1963) ".

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

For sub-paragraph (3) of paragraph 12 of Schedule 4 there shall be substituted the following sub-paragraph:—

(3) A local authority for the purposes of Parts III and IV of this Act shall, if requested to do so by the managers of an approved school, cause to be visited, advised and befriended any person who is or is likely to be in their area while out under supervision from that school, any person detained in or out under supervision from that school whose parent or guardian is in their area, and any person in their area who may be visited, advised and befriended in pursuance of paragraph 7 of Schedule 2 to the Criminal Justice Act 1961.

27

In paragraph 13 of Schedule 4, for the words from " powers, protection and privileges " to the end of the paragraph there shall be substituted the words

powers, protection and privileges— (i) in the United Kingdom or the Isle of Man, of a constable ; (ii) in Jersey, of a member of the police; (iii) in any other part of the Channel Islands, of an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958, or any corresponding law for the time being in force.

The Summary Jurisdiction (Appeals) Act 1933

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The principal Scottish Act

29

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For subsection (3) of that section there shall be substituted the following subsection:—

(3) Nothing in this section or in any byelaw made under this section shall prevent a child from taking part in a performance— (a) under the authority of a licence granted under this Part of this Act ; or (b) in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.

30

In section 33, for the words “public performance” there shall be substituted the words “performance to which section 37 of the Children and Young Persons Act 1963 applies and”.

31

In section 36(1), for the words “an entertainment or performance” there shall be substituted the words “a performance”.

32

In section 38(3), for the words “The said provisions” there shall be substituted the words “The provisions of this Part of this Act relating to employment”.

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

In paragraph 13 of Schedule 2 for the words from " powers, protection and privileges " to the end of the paragraph there shall be substituted the words

powers, protection and privileges— (i) in the United Kingdom or the Isle of Man, of a constable ; (ii) in Jersey, of a member of the police ; (iii) in any other part of the Channel Islands, of an officer of police within the meaning of section 43 of the Larceny ''Guernsey) Law 1958, or any corresponding law for the time being in force.

The Education Act 1944

35

• (1) After subsection (4) of section 40 there shall be inserted the following subsection:—

(4A) Without prejudice to the institution of proceedings for an offence under section 37 of this Act or the exercise of the power conferred on a court by subsection (3A) of this section, where the parent of a child has failed to comply with the requirements of a school attendance order served on him the local education authority who served the order may bring the child before a juvenile court and the juvenile court, unless it appears to it that the child is receiving efficient full-time education suitable to his age, ability and aptitude otherwise than at school, may make any order which it has power to make under section 62 of the Children and Young Persons Act 1933 in the case of persons who are brought before it under that section ; and if it does not make such an order it may direct that the school attendance order shall cease to be in force.

• (2) In subsection (5) of that section, after the words "subsection (4)" there shall be inserted the words " or subsection (4A) ".

36

After section 40 there shall be inserted the following section:—

(40A) (1) Without prejudice to the institution of proceedings for an offence under section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education), where it appears to a local education authority that a child of compulsory school age who is for the time being in their area is a child whom a person habitually wandering from place to place takes with him, the authority may bring the child before a juvenile court, and the court, unless it appears to it that he is receiving efficient full-time education suitable to his age, ability and aptitude, may make any order which it has power to make under section 62 of the said Act of 1933 in the case of persons who are brought before it under that section. (2) For the purposes of the Children and Young Persons Acts 1933 to 1963, any child who is about to be brought or is brought before a juvenile court by virtue of this section shall be deemed to be a child about to be brought or, as the case may be, brought before such a court under the said section 62, and any order made by a juvenile court under this section shall be deemed to be an order made under that section.

The Family Allowances Act 1945

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children Act 1948

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Act 1948

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice (Scotland) Act 1949

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Justices of the Peace Act 1949

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Administration Act 1956

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Mental Health Act 1959

48