Children and Young Persons Act 1969

Part I — Care and other treatment of juveniles through court proceedings

Care of children and young persons through juvenile courts

Care proceedings in juvenile courts

1

Provisions supplementary to s. 1

2

Further supplementary provisions relating to s. 1(2)(f)

3

Consequential changes in criminal proceedings etc.

Prohibition of criminal proceedings for offences by children

4

Restrictions on criminal proceedings for offences by young persons

5

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

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

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.

• (9) In this section—

• “the appropriate local authority”, in relation to a young person, means the local authority for the area in which it appears to the informant in question that the young person resides or, if the young person appears to the informant not to reside in the area of a local authority, the local authority in whose area it is alleged that the relevant offence or one of the relevant offences was committed; and

• . . .

and . . .; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.

Summary trial of young persons

6

Alterations in treatment of young offenders etc.

7

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

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

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

• (5) An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.

• (6) Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finger-printing of suspected young persons

8

Investigations by local authorities

9

• (1) Where a local authority ... bring . . . proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.

• (2) If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.

Further limitations on publication of particulars of children and young persons etc.

10

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

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

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

Supervision

Supervision orders

11

Power to include requirements in supervision orders

12

Selection of supervisor

13

Duty of supervisor

14

Variation and discharge of supervision orders

15

Provisions supplementary to s. 15

16

Termination of supervision

17

Supplementary provisions relating to supervision orders

18

Facilities for the carrying out of supervisors' directions

19

Committal to care of local authorities

Orders for committal to care of local authorities

20

Variation and discharge of care orders

21

Special provisions relating to interim orders

22

Remand to care of local authorities etc.

23

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

Powers and duties of local authorities etc. with respect to persons committed to their care

24

Transfer

Transfers between England or Wales and Northern Ireland

25

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

Transfers between England or Wales and the Channel Islands or Isle of Man

26

• (1) The Secretary of State may by order designate for the purposes of this section an order of any description which—

• (a) a court in the Isle of Man or any of the Channel Islands is authorised to make by the law for the time being in force in that country; and

• (b) provides for the committal to the care of a public authority of a person who has not attained the age of eighteen; and

• (c) appears to the Secretary of State to be of the same nature as a care order other than an interim order or as a youth rehabilitation order imposing a local authority residence requirement ;

and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order and ”care order” means an order made under section 31 of the Children Act 1989..

• (2) The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a youth rehabilitation order imposing a local authority residence requirement with a requirement that the child be accommodated by a designated local authority.

• (4) An authorisation given to a local authority under this section shall cease to have effect when—

• (a) the local authority is informed by the Secretary of State that he has revoked it; or

• (b) the relevant order to which the authorisation relates ceases to have effect by the effluxion of time under the law of the place where the order was made or the local authority is informed by the relevant authority that the order has been discharged under that law; or

• (c) the person to whom the relevant order relates is again received into the care of the relevant authority;

and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

Consequential modifications of ss. 11 and 12 of Children Act 1948

Consequential modifications of 1948 c. 43 ss. 11 and 12

27

Detention

Detention of child or young person in place of safety

28

Release or further detention of arrested child or young person

29

• (1) A child or young person arrested in pursuance of a warrant shall not be released unless. . . his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.

• (2) In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.

Detention of young offenders in community homes

30

• (1) The power to give directions under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.

• (2) It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.

Removal to borstal institutions of persons committed to care of local authorities

31

Detention of absentees

32

• (1) If any of the following persons, that is to say—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) a person sent to a remand home, special reception centre or training school or committed to the care of a fit person under the Children and Young Persons Act (Northern Ireland) 1968 (but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order),

is absent from premises at which he is required by. . . the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . , to the premises or other place aforesaid or such other premises as the authority. . . may direct.

• (1A) If a child or young person is absent, without the consent of the responsible person—

• (a) from a place of safety to which he has been taken under paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ; or

• (aa) from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or

• (b) from local authority accommodation—

• (i) in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

• (ii) to which he has been remanded under paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21 of Schedule 2 to that Act; or

• (iia) to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

• (1B) A person so arrested shall be conducted to—

• (a) the place of safety;

• (b) the local authority accommodation;

• (ba) the place mentioned in subsection (1A)(c); or

• (c) such other place as the responsible person may direct, at the responsible person’s expense.

• (1C) In this section “the responsible person” means, as the case may be—

• (a) the person who made the arrangements under paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

• (aa) the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;

• (b) the authority specified under paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008 ;

• (c) the authority designated under paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 21(10) of Schedule 2 to that Act; ...

• (ca) the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959;

• (d) where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or

• (e) where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.

• (1D) If a child or young person—

• (a) is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

• (b) is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

• (1E) A person so arrested shall be conducted to—

• (a) the place where he is required to reside, or

• (b) such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority's expense.

• (2) If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) , (1A) or (1D) of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981.

• (2A) Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1), (1A)(a), (aa) or (b)(i), (ii) or (iia) or (1D) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

• (2B) A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) or (1D) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the responsible personor the responsible officer, as the case may be.

• (3) A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) , (1A) or (1D) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding level 5 on the standard scale or both.

• (4) The reference to a constable in subsections (1),(1A) , (1D) and (2A) of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to 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, and in subsection (1)“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

• (5) Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.

Legal aid

Legal aid

33

Transitional modifications of Part I for persons of specified ages

Transitional modifications of Part I for persons of specified ages

34

• (1) The Secretary of State may by order provide—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) that any reference to a young person in section 5(8), . . . 9(1)... or 29(1) of this Act shall be construed as including a child who has attained such age as may be so specified;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In the case of a person who has not attained the age of eighteen but has attained such lower age as the Secretary of State may by order specify, no proceedings . . . for an offence shall be begun in any court unless the person proposing to begin the proceedings has, in addition to any notice falling to be given by him to a local authority in pursuance of section . . . 5(8) of this Act, given notice of the proceedings to an officer of a local probation board , or an officer of a provider of probation services, acting in the area for which the court acts; . . ..

• (3) In the case of a person who has attained such age as the Secretary of State may by order specify, an authority shall, without prejudice to subsection (2) of section 9 of this Act, not be required by virtue of subsection (1) of that section to make investigations or provide information which it does not already possess with respect to his home surroundings if, by direction of the justices or local probation board acting for , or a provider of probation services operating in, any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by an officer of a local probation board or an officer of a provider of probation services.

• (4) Except in relation to section 13(2) of this Act, references to a child in subsection (1) of this section do not include references to a person under the age of ten.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Without prejudice to the generality of section 69(4) of this Act, an order under this section may specify different ages for the purposes of different provisions of this Act specified in the order.

• (7) A draft of any order proposed to be made under this section shall be laid before Parliament and, in the case of an order of which the effect is that the reference to a child in section 4 of this Act includes a child who has attained an age of more than twelve, shall not be made unless the draft has been approved by a resolution of each House of Parliament.

Part II — Accommodation etc. for children in care, and foster children

Community homes

Regional planning of accommodation for children in care

35

Regional plans for community homes

36

• (1) The children's regional planning committee for a planning area (in this and the following section referred to as " the committee ") shall prepare and submit to the Secretary of State, in accordance with the following provisions of this section, a plan (in this Act referred to as a " regional plan ") for the provision and maintenance of homes, to be known as community homes, for the accommodation and maintenance of children in the care of the relevant authorities.

• (2) The community homes for which provision may be made by a regional plan shall be—

• (a) community homes provided by the relevant authorities ; and

• (b) voluntary homes provided by voluntary organisations but in the management of each of which the plan proposes that a relevant authority should participate in accordance with an instrument of management.

• (3) Where a regional plan makes provision for any such voluntary home as is referred to in paragraph (b) of subsection (2) of this section, the plan shall designate the home as either a controlled community home or an assisted community home, according as it is proposed in the plan that the management, equipment and maintenance of the home should be the responsibility of one of the relevant authorities or of the voluntary organisation by which the home is provided.

• (4) Every regional plan shall contain proposals—

• (a) with regard to the nature and purpose of each of the community homes for which the plan makes provision ; and

• (b) for the provision of facilities for the observation of the physical and mental condition of children in the care of the relevant authorities and for the assessment of the most suitable accommodation and treatment for those children.

• (5) Before including provision in a regional plan that a community home should be provided by any of the relevant authorities or that a voluntary home provided by a voluntary organisation should be designated as a controlled or assisted community home, the committee shall obtain the consent of the authority or voluntary organisation by which the home is or is to be provided and, in the case of a home which is to be designated as a controlled or assisted community home, the consent of the local authority which it is proposed should be specified in the instrument of management for the home.

• (6) A regional plan shall be prepared in such form and shall contain such information as the Secretary of State may direct, either generally or in relation to a particular planning area or particular kinds of plans; and the Secretary of State may direct that the regional plan for a particular planning area shall be submitted to him within such period as may be specified in the direction or such longer period as he may allow.

Approval and variation of regional plans

37

• (1) After considering any regional plan submitted to him under section 36 of this Act and after making in the plan such modifications (if any) as he may agree with the committee by which the plan was submitted and as he may consider appropriate for securing that the plan makes proper provision for the accommodation and maintenance of children in the care of the relevant authorities, the Secretary of State may approve the plan.

• (2) Where the Secretary of State considers that, either with or without such modifications as are referred to in subsection (1) of this section, part but not the whole of a plan submitted to him under section 36 of this Act makes proper provision for the accommodation and maintenance of the children to whom that part of the plan relates, the Secretary of State may approve that part of the plan.

• (3) Where the Secretary of State has approved part only of a regional plan, the committee for the planning area concerned shall prepare and submit to him under section 36 of this Act a further regional plan containing proposals to supplement that part of the previous plan which was approved by the Secretary of State.

• (4) If, at any time after the approval of the whole or part of a regional plan by the Secretary of State, the committee for the planning area concerned consider that the plan, or such part of it as was approved, should be varied or replaced, they shall prepare and submit to the Secretary of State under section 36 of this Act a further regional plan for that purpose; and any such further regional plan may—

• (a) take the form of a replacement for the regional plan or part thereof which was previously approved by the Secretary of State ; or

• (b) contain proposals for the amendment of that regional plan or part thereof.

• (5) In relation to a further regional plan which contains proposals for supplementing or amending a regional plan or part of a regional plan which has been previously approved by the Secretary of State (in this subsection referred to as " the approved plan ")—

• (a) section 36(4) of this Act shall have effect as if references to a regional plan were references to the approved plan as it would have effect if supplemented or amended in accordance with the proposals contained in the further regional plan; and

• (b) subsection (1) of this section shall have effect as if the reference therein to children in the care of the relevant authorities were a reference to the children to whom the proposals in the plan relate; and

• (c) in so far as the further regional plan contains proposals under which a home would cease to be a community home, or would become a community home of a different description, or would be used for a purpose different from that provided for in the approved plan, the committee preparing the further plan shall, before submitting it to the Secretary of State, obtain the consent of the local authority or voluntary organisation by which the home is provided and, if the proposal is for a home to become or to cease to be a controlled or assisted community home, the consent of the local authority which it is proposed should be, or which is, specified in the instrument of management for the home,

• (6) Where the Secretary of State approves a regional plan, in whole or in part, he shall give notice in writing of his approval to the committee for the planning area concerned specifying the date on which the plan is to come into operation, and the committee shall send a copy of the notice to each of the relevant authorities and to any voluntary organisation whose consent was required to any provision of the plan.

Provision of community homes by local authorities

38

Where a regional plan for a planning area includes provision for a community home to be provided by one of the relevant authorities, it shall be the duty of the local authority concerned to provide, manage, equip and maintain that home.

Instruments of management for assisted and controlled community homes

39

• (1) The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any voluntary home which, in accordance with a regional plan approved by him, is designated as a controlled or assisted community home.

• (2) Where in accordance with a regional plan approved by the Secretary of State, two or more voluntary homes are designated as controlled community homes or as assisted community homes, then if—

• (a) those homes are, or are to be, provided by the same voluntary organisation; and

• (b) the same local authority is to be represented on the body of managers for those homes,

a single instrument of management may be made by the Secretary of State under this section constituting one body of managers for those homes or for any two or more of them.

• (3) The number of persons who, in accordance with an instrument of management under this section, constitute the body of managers for a voluntary home shall be such number, being a multiple of three, as may be specified in the instrument of management, but the instrument shall provide that a proportion of the managers shall be appointed by such local authority as may be so specified and—

• (a) in the case of a voluntary home which is designated in a regional plan as a controlled community home, the proportion shall be two-thirds ; and

• (b) in the case of a voluntary home which is so designated as an assisted community home, the proportion shall be one-third.

• (4) An instrument of management shall provide that the " foundation managers ", that is to say, those of the managers of the voluntary home to which the instrument relates who are not appointed by a local authority in accordance with subsection (3) of this section, shall be appointed, in such manner and by such persons as may be specified in the instrument.—

• (a) so as to represent the interests of the voluntary organisation by which the home is, or is to be, provided ; and

• (b) for the purpose of securing that, as far as practicable, the character of the home as a voluntary home will be preserved and that, subject to section 40(3) of this Act, the terms of any trust deed relating to the home are observed.

• (5) An instrument of management under this section shall come into force on such date as may be specified in the instrument, and if such an instrument is in force in relation to a voluntary home the home shall be and be known as a controlled community home or an assisted community home, according to its designation in the regional plan.

Supplementary provisions as to instruments of management and trust deeds

40

• (1) An instrument of management for a controlled or assisted community home shall contain such provisions as the Secretary of State considers appropriate for giving effect to the provisions of the regional plan by which the home is designated as a controlled or assisted community home, but nothing in the instrument of management for such a home shall affect the purposes for which the premises comprising the home are held.

• (2) Without prejudice to the generality of subsection (1) of this section, an instrument of management may contain—

• (a) provisions specifying the nature and purpose of the home or each of the homes to which it relates ;

• (b) provisions requiring a specified number or proportion of the places in that home or those homes to be made available to local authorities and to any other body specified in the instrument; and

• (c) provisions relating to the management of that home or those homes and the charging of fees in respect of children placed therein or places made available to any local authority or other body.

• (3) Subject to subsection (1) of this section, in the event of any inconsistency between the provisions of any trust deed and the instrument of management relating to a controlled or assisted community home, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to that home.

• (4) After consultation with the voluntary organisation by which a controlled or assisted community home is provided and with the local authority specified in the instrument of management for the time being in force for that home, the Secretary of State may vary or revoke any provisions of that instrument of management by a further instrument of management.

• (5) In this Act the expression " trust deed ", in relation to a voluntary home, means any instrument (other than an instrument of management) regulating the maintenance, management or conduct of the home or the constitution of a body of managers or trustees of the home.

Management of controlled community homes

41

• (1) The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in the instrument of management for that home, and in the following provisions of this section " the responsible authority ", in relation to such a home, means the local authority responsible for its management, equipment and maintenance.

• (2) Subject to the following provisions of this section, the responsible authority shall exercise their functions in relation to a controlled community home through the body of managers constituted by the instrument of management for the home, and any thing done, liability incurred or property acquired by the managers shall be done, incurred or acquired by the managers as agents of the responsible authority.

• (3) In so far as any matter is reserved for the decision of the responsible authority, either by subsection (4) of this section or by the instrument of management for the controlled community home in question or by the service by the responsible authority on the managers or any of them of a notice reserving any matter, that matter shall be dealt with by the responsible authority themselves and not by the managers, but in dealing with any matter so reserved, the responsible authority shall have regard to any representations made to them by the managers.

• (4) The employment of persons at a controlled community home shall be a matter reserved for the decision of the responsible authority, but where the instrument of management so provides the responsible authority may enter into arrangements with the voluntary organisation by which the home is provided whereby, in accordance with such terms as may be agreed between the responsible authority and the voluntary organisation, persons who are not in the employment of the responsible authority shall undertake duties at the home.

• (5) The accounting year of the managers of a controlled community home shall be such as may be specified by the responsible authority and, before such date in each accounting year as may be so specified, the managers of a controlled community home shall submit to the responsible authority estimates, in such form as the authority may require, of expenditure and receipts in respect of the next accounting year; and any expenses incurred by the managers of a controlled community home with the approval of the responsible authority shall be defrayed by that authority.

• (6) The managers of a controlled community home shall keep proper accounts in respect of that home and proper records in relation to the accounts, but where an instrument of management relates to more than one controlled community home, one set of accounts and records may be kept in respect of all the homes to which the instrument relates.

Management of assisted community homes

42

• (1) The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided, and in the following provisions of this section " the responsible organisation ", in relation to such a home, means the voluntary organisation responsible for its management, equipment and maintenance.

• (2) Subject to the following provisions of this section, the responsible organisation shall exercise its functions in relation to the home through the body of managers constituted by the instrument of management for the home, and any thing done, liability incurred or property acquired by the managers shall be done, incurred or acquired by the managers as agents of the responsible organisation.

• (3) In so far as any matter is reserved for the decision of the responsible organisation, either by subsection (4) of this section or by the instrument of management for the assisted community home in question or by the service by the responsible organisation on the managers or any of them of a notice reserving any matter, that matter shall be dealt with by the responsible organisation itself and not by the managers, but in dealing with any matter so reserved the responsible organisation shall have regard to any representations made to the organisation by the managers.

• (4) The employment of persons at an assisted community home shall be a matter reserved for the decision of the responsible organisation but, subject to subsection (5) of this section.—

• (a) where the responsible organisation proposes to engage any person to work at the home or to terminate without notice the employment of any person at the home, the responsible organisation shall consult the local authority specified in the instrument of management and, if the local authority so directs, the responsible organisation shall not carry out its proposal without the consent of the local authority ; and

• (b) the local authority may, after consultation with the responsible organisation, require the organisation to terminate the employment of any person at the home.

• (5) Paragraphs (a) and (b) of subsection (4) of this section shall not apply—

• (a) in such cases or circumstances as may be specified by notice in writing given by the local authority to the responsible organisation; and

• (b) in relation to the employment of any persons or class of persons specified in the instrument of management.

• (6) The accounting year of the managers of an assisted community home shall be such as may be specified by the responsible organisation and, before such date in each accounting year as may be so specified, the managers of an assisted community home shall submit to the responsible organisation estimates, in such form as the organisation may require, of expenditure and receipts in respect of the next financial year; and all expenses incurred by the managers of an assisted community home with the approval of the responsible organisation shall be defrayed by the organisation.

• (7) The managers of an assisted community home shall keep proper accounts in respect of that home and proper records in relation to those accounts, but where an instrument of management relates to more than one assisted community home, one set of accounts and records may be kept in respect of all the homes to which the instrument relates.

Control of premises used for, and conduct of, community homes

43

• (1) The Secretary of State may make regulations with respect to the conduct of community homes and for securing the welfare of the children in community homes.

• (2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may—

• (a) impose requirements as to the accommodation and equipment to be provided in community homes and as to the medical arrangements to be made for protecting the health of the children in the homes ;

• (b) impose requirements as to the facilities which are to be provided for giving religious instruction to children in community homes;

• (c) require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in community homes and impose other requirements as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of the local authority or voluntary organisation in whose care the child is;

• (d) authorise the Secretary of State to give and revoke directions requiring the local authority by whom a community home is provided or who are specified in the instrument of management for a controlled community home or the voluntary organisation by which an assisted community home is provided to accommodate in the home a child in the care of a local authority for whom no places are made available in that home or to take such action in relation to a child accommodated in the home as may be specified in the directions;

• (e) require reviews of any permission given in pursuance of paragraph (c) above and provide for such a review to be conducted in a manner approved by the Secretary of State by a committee of persons representing the local authority or voluntary organisation in question but including at least one person satisfying such conditions as may be prescribed by the regulations with a view to securing that he is independent of the authority or organisation and unconnected with any community home containing such accommodation as is mentioned in the said paragraph (c);

• (f) prescribe standards to which premises used for community homes are to conform ;

• (g) require the approval of the Secretary of State to the use of buildings for the purpose of community homes and to the doing of anything (whether by way of addition, diminution or alteration) which materially affects the buildings or grounds or other facilities or amenities available for children in community homes;

• (h) provide that, to such extent as may be provided for in the regulations, the Secretary of State may direct that any provision of regulations under this section which is specified in the direction and makes any such provision as is referred to in paragraph (a), (f) or (g) above shall not apply in relation to a particular community home or the premises used for it, and may provide for the variation or revocation of any such direction by the Secretary of State.

• (3) Without prejudice to the power to make regulations under this section conferring functions on the local authority or voluntary organisation by which a community home is provided or on the managers of a controlled or assisted community home, regulations under this section may confer functions in relation to a controlled or assisted community home on the local authority named in the instrument of management for the home.

• (4) Where it appears to the Secretary of State that any premises used for the purposes of a community home are unsuitable for those purposes, or that the conduct of a community home is not in accordance with regulations made by him under this section or is otherwise unsatisfactory, he may by notice in writing served on the responsible body, direct that as from such date as may be specified in the notice the premises shall not be used for the purposes of a community home.

• (5) Where the Secretary of State has given a direction in relation to a controlled or assisted community home under subsection (4) of this section and the direction has not been revoked, the Secretary of State may at any time by order revoke the instrument of management for that home.

• (6) For the purposes of subsection (4) of this section the responsible body—

• (a) in relation to a community home provided by a local authority, is that local authority ;

• (b) in relation to a controlled community home, is the local authority specified in the instrument of management for that home ; and

• (c) in relation to an assisted community home, is the voluntary organisation by which the home is provided.

Controlled and assisted community homes exempted from certain provisions as to voluntary homes

44

While a voluntary home is a controlled or assisted community home, the following enactments shall not apply in relation to it, that is to say.—

• (a) sections 29 and 30 of the Children Act 1948 (compulsory registration of voluntary homes);

• (b) section 31 of that Act (regulations as to conduct of voluntary homes); and

• (c) section 93 of the Act of 1933 and section 32 of the Children Act 1948 (notification to Secretary of State of certain particulars relating to voluntary homes).

Determination of disputes relating to controlled and assisted community homes

45

• (1) Subject to subsection (5) of this section, where any dispute relating to a controlled community home arises between the local authority specified in the instrument of management and either the voluntary organisation by which the home is provided or any other local authority who have placed, or desire or are required to place, a child in their care in the home, the dispute may be referred by either party to the Secretary of State for his determination.

• (2) Subject to subsection (5) of this section, where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, a child in their care in the home, the dispute may be referred by either party to the Secretary of State for his determination.

• (3) Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned.

• (4) The provisions of this section shall apply notwithstanding that the matter in dispute may be one which, under or by virtue of the preceding provisions of this Part of this Act, is reserved for the decision, or is the responsibility, of the local authority specified in the instrument of management or, as the case may be, the voluntary organisation by which the home is provided.

• (5) Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section.

Discontinuance of approved schools etc. on establishment of community homes

46

• (1) If in the case of any approved school, or remand home within the meaning of the Criminal Justice Act 1948 or approved probation hostel . . . (hereafter in this section referred to as an “approved institution”) it appears to the Secretary of State that in consequence of the establishment of community homes for a planning area the institution as such is no longer required, he may by order provide that it shall cease to be an approved institution on a date specified in the order.

• (2) The provisions of Schedule 3 to this Act shall have effect in relation to institutions which are, or by virtue of this section have ceased to be, approved institutions.

Discontinuance by voluntary organisation of controlled or assisted community home

47

Financial provisions applicable on cessation of controlled or assisted community home

48

• (1) Where the instrument of management for a controlled or assisted community home ceases to have effect by virtue either of an order under section 43(5) of this Act or of subsection (2) or subsection (4)(a) of section 47 of this Act, the voluntary organisation by which the home was provided or, if the premises used for the purposes of the home are not vested in that organisation, the persons in whom those premises are vested (in this section referred to as " the trustees of the home "), shall become liable, in accordance with the following provisions of this section, to make repayment in respect of any increase in the value of the premises and other property belonging to the voluntary organisation or the trustees of the home which is attributable to the expenditure of public money thereon.

• (2) Where an instrument of management has ceased to have effect as mentioned in subsection (1) of this section and the instrument related—

• (a) to a controlled community home ; or

• (b) to an assisted community home which, at any time before that instrument of management came into force, was a controlled community home,

then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the local authority specified in that instrument of management a sum equal to that part of the value of any relevant premises which is attributable to expenditure by the local authority who at the time the expenditure was incurred had responsibility for the management, equipment and maintenance of the home by virtue of section 41(1) of this Act.

• (3) For the purposes of subsection (2) of this section, " relevant premises", in relation to a controlled or assisted community home, means premises used for the purposes of the home and belonging to the voluntary organisation or the trustees of the home but erected, extended or improved, at any time while the home was a controlled community home, by the local authority having, at that time, such responsibility in relation to the home as is mentioned in subsection (2) of this section.

• (4) Where an instrument of management has ceased to have effect as mentioned in subsection (1) of this section and the instrument related—

• (a) to an assisted community home ; or

• (b) to a controlled community home which, at any time before that instrument of management came into force, was an assisted community home,

then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the Secretary of State a sum equal to that part of the value of the premises and any other property used for the purposes of the home which is attributable to the expenditure of money provided by way of grant under section 65 of this Act.

• (5) Where an instrument of management has ceased to have effect as mentioned in subsection (1) of this section and the controlled or assisted community home to which it related was conducted in premises which formerly were used as an approved school or were an approved probation hostel or home but which were designated as a community home in a regional plan approved by the Secretary of State, then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the Secretary of State a sum equal to that part of the value of the premises concerned and of any other property used for the purposes of the home and belonging to the voluntary organisation or the trustees of the home which is attributable to the expenditure—

• (a) of sums paid towards the expenses of the managers of an approved school under section 104 of the Act of 1933; or

• (b) of sums paid under section 77(3)(b) of the Criminal Justice Act 1948 in relation to expenditure on approved probation hostels or homes.

• (6) The amount of any sum payable under this section by the voluntary organisation by which a controlled or assisted community home was provided or by the trustees of the home shall be determined in accordance with such arrangements—

• (a) as may be agreed between the voluntary organisation by which the home was provided and the local authority concerned or, as the case may be, the Secretary of State; or

• (b) in default of agreement, as may be determined by the Secretary of State;

and with the agreement of the local authority concerned or the Secretary of State, as the case may be, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises or other property used for the purposes of the home in question.

• (7) The provisions of this section shall have effect notwithstanding anything in any trust deed for a controlled or assisted community home and notwithstanding the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.

• (8) Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Consequential modifications of ss. 13 and 19 of Children Act 1948

Provision of accommodation and maintenance for children in care

49

For section 13 of the Children Act 1948 there shall be substituted the following section:—

(13) (1) A local authority shall discharge their duty to provide accommodation and maintenance for a child in their care in such one of the following ways as they think fit, namely.— (a) by boarding him out on such terms as to payment by the authority and otherwise as the authority may, subject to the provisions of this Act and regulations thereunder, determine; or (b) by maintaining him in a community home or in any such home as is referred to in section 64 of the Children and Young Persons Act 1969; or (c) by maintaining him in a voluntary home (other than a community home) the managers of which are willing to receive him; or by making such other arrangements as seem appropriate to the local authority. (2) Without prejudice to the generality of subsection (1) of this section, a local authority may allow a child in their care, either for a fixed period or until the local authority otherwise determine, to be under the charge and control of a parent, guardian, relative or friend. (3) The terms, as to payment and other matters, on which a child may be accommodated and maintained in any such home as is referred to in section 64 of that Act shall be such as the Secretary of State may from time to time determine.

Accommodation of persons over school age in convenient community home

50

For section 19 of the Children Act 1948 there shall be substituted the following section:—

(19) A local authority may provide accommodation in a community home for any person who is over compulsory school age but has not attained the age of twenty-one if the community home is provided for children who are over compulsory school age and is near the place where that person is employed or seeking employment or receiving education or training.

Foster children

Modification of general duty of local authorities with respect to foster children

51

Amendments of definitions of " foster child " and " protected child "

52

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

• (4) Section 37 of the Adoption Act 1958 (which defines “ protected child” for the purposes of Part IV of that Act) shall have effect subject to the following modifications:—

• (a) in paragraph (a) of subsection (1) (which refers to arrangements for placing a child in the care of a person who is not a parent, guardian or relative of his) after the words “ relative of his” there shall be inserted the words “ but who proposes to adopt him” ;

• (b) in subsection (1) (which among other matters excludes a foster child from the definition of “ a protected child”) the words “ but is not a foster child within the meaning of Part I of the Children Act 1958” shall be omitted ; and

• (c) in subsection (2) (which excludes certain children from the definition of protected child, including children only temporarily in the care and possession of a person under such arrangements as are referred to in subsection (1)(a) of that section) the words from “ by reason” to “ that subsection, nor” shall be omitted.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of duty of persons maintaining foster children to notify local authority

53

Inspection of premises in which foster children are kept

54

• (1) In section 4(1) of the Children Act 1958 (which empowers an officer of a local authority to inspect premises in the local authority's area in which foster children are being kept) after the word " in " in the second place where it occurs there shall be inserted the words " the whole or any part of ".

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

(1A) If it is shown to the satisfaction of a justice of the peace on sworn information in writing— (a) that there is reasonable cause to believe that a foster child is being kept in any premises, or in any part thereof, and (b) that admission to those premises or that part thereof has been refused to a duly authorised officer of the local authority or that such a refusal is apprehended or that the occupier is temporarily absent, the justice may by warrant under his hand authorise an officer of the local authority to enter the premises, if need be by force, at any reasonable time within forty-eight hours of the issue of the warrant, for the purpose of inspecting the premises.

• (3) At the end of paragraph (b) of section 14(1) of the Children Act 1958 (which makes it an offence under that section to refuse to allow an inspection of any premises under section 4(1) of that Act) there shall be added the words " or wilfully obstructs a person entitled to enter any premises by virtue of a warrant under subsection (1A) of that section ".

Imposition of requirements and prohibitions relating to the keeping of foster children

55

• (1) In section 4(2) of the Children Act 1958 (which empowers a local authority to impose certain requirements on a person who keeps or proposes to keep foster children in premises used wholly or mainly for that purpose) for the word " mainly " there shall be substituted the word " partly ".

• (2) After paragraph (f) of the said section 4(2) there shall be inserted the following paragraphs:—

(g) the fire precautions to be taken in the premises; (h) the giving of particulars of any foster child received in the premises and of any change in the number or identity of the foster children kept therein.

• (3) In the words following the several paragraphs of the said section 4(2), after the word "but" there shall be inserted the words " any such requirement may be limited to a particular class of foster children kept in the premises and " and for the words " (b) to (f) " there shall be substituted the words " (b) to (h) ".

• (4) For subsection (3) of section 4 of the Children Act 1958 (which empowers a local authority to prohibit a person from keeping a particular foster child or any foster children at particular premises) there shall be substituted the following subsections:—

(3) Where a person proposes to keep a foster child in any premises and the local authority are of the opinion that— (a) the premises are not suitable premises in which to keep foster children ; or (b) that person is not a suitable person to have the care and maintenance of foster children ; or (c) it would be detrimental to that child to be kept by that person in those premises; the local authority may impose a prohibition on that person under subsection (3A) of this section. (3A) A prohibition imposed on any person under this subsection may— (a) prohibit him from keeping any foster child in premises specified in the prohibition ; or (b) prohibit him from keeping any foster child in any premises in the area of the local authority ; or (c) prohibit him from keeping a particular child specified in the prohibition in premises so specified. (3B) Where a local authority have imposed a prohibition on any person under subsection (3A) of this section, the local authority may, if they think fit, cancel the prohibition, either of their own motion or on an application made by that person on the ground of a change in the circumstances in which a foster child would be kept by him.

• (5) In section 5(1) of the Children Act 1958 (which confers a right of appeal to a juvenile court within fourteen days of the imposition of a requirement or prohibition under section 4 of that Act) after the word " prohibition ", in the second place where it occurs, there shall be inserted the words " or, in the case of a prohibition imposed under subsection (3A) of that section, within fourteen days from the refusal by the local authority to accede to an application by him for the cancellation of the prohibition ".

Extension of disqualification for keeping foster children

56

Modifications of provisions as to offences

57

• (1) After subsection (1) of section 14 of the Children Act 1958 (which, among other matters, makes it an offence to maintain a foster child in contravention of section 6 of that Act) there shall be inserted the following subsection:—

(1A) Where section 6 of this Act applies to any person by virtue only of subsection (2) of that section, he shall not be guilty of an offence under paragraph (d) of subsection (1) of this section if he proves that he did not know, and had no reasonable ground for believing, that a person living or employed in the premises in which he lives was a person to whom that section applies.

• (2) After subsection (2) of the said section 14 (which provides that offences under that section are punishable summarily) there shall be added the following subsection :—

(2A) If any person who is required, under any provision of this Part of this Act, to give a notice fails to give the notice within the time specified in that provision, then, notwithstanding anything in section 104 of the Magistrates' Courts Act 1952 (time limit for proceedings) proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority.

Inspection

Inspection of children's homes etc. by persons authorised by Secretary of State

58

Powers of entry supplemental to s. 58

59

• (1) A person authorised to inspect any home or other premises under section 58 of this Act shall have a right to enter the home or other premises for that purpose and for any other purpose specified in subsection (4) of that section, but shall if so required produce some duly authenticated document showing his authority to exercise the power of entry conferred by this subsection.

• (2) A person who obstructs the exercise by a person authorised as mentioned in subsection (1) of this section of a power of entry conferred thereby shall be liable on summary conviction to a fine not exceeding five pounds or, in the case of a second or subsequent conviction, to a fine not exceeding twenty pounds.

• (3) A refusal to allow any such person as is mentioned in subsection (1) of this section to enter any such home or other premises as are mentioned in section 58(1) of this Act shall be deemed, for the purposes of section 40 of the Act of 1933 (which relates to search warrants), to be a reasonable cause to suspect that a child or young person in the home or other premises is being neglected in a manner likely to cause him unnecessary suffering or injury to health.

Part III — Miscellaneous and general

Miscellaneous

Extradition offences

60

Rules relating to juvenile court panels and composition of juvenile courts

61

Contributions in respect of children and young persons in care

62

Returns of information and presentation of reports etc to Parliament

63

• (1) Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars as he may require—

• (a) with respect to the performance by the local authority of all or any of the functions specified in section 39(1) of the Children Act 1948 (which relates to the establishment of children's committees); and

• (b) with respect to the children in relation to whom the authority have exercised those functions.

• (2) Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the children who are accommodated and maintained in voluntary homes provided by the organisation or who have been boarded out by the organisation.

• (3) The clerk of each juvenile court shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the proceedings of the court.

• (4) The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under the preceding provisions of this section.

• (5) The Secretary of State shall lay before Parliament in 1973 and in every third subsequent year a report with respect to the exercise by local authorities of the functions specified in section 39(1) of the Children Act 1948, the provision by voluntary organisations of facilities for children and such other matters relating to children as he thinks fit.

Financial provisions

Expenses of Secretary of State in providing homes offering specialised facilities

64

There shall be defrayed out of moneys provided by Parliament any expenses incurred by the Secretary of State in providing, equipping and maintaining homes for the accommodation of children who are in the care of local authorities and are in need of particular facilities and services which are provided in those homes and are, in the opinion of the Secretary of State, unlikely to be readily available in community homes.

Grants to voluntary organisations etc.

65

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

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

• (3) Where an order has been made under section 46 of this Act in relation to an approved institution within the meaning of that section and no part of the premises occupied by the institution forms part of a controlled or assisted community home.

• (4) No grant shall be made under subsection (3) of this section in respect of a liability relating to an institution unless it appears to the Secretary of State that, on or within a reasonable time after the date specified in the order referred to in that subsection, the premises of the institution are to be used for a purpose which is of benefit to children; and any grant made under that subsection shall be subject to such conditions as the Secretary of State may with the approval of the Treasury determine, including conditions with respect to the repayment in whole or in part of the grant, either by the person to whom the grant was made or by some other person who, before the grant was made, consented to accept the liability.

• (5) Any sums received by the Secretary of State by virtue of any such condition as is referred to in subsection (4) of this section shall be paid into the Consolidated Fund.

Increase of rate support grants

66

• (1) The power to make an order under section 4(1) of the Local Government Act 1974 increasing the amounts fixed by a rate support grant order for a particular year shall be exercisable, in accordance with subsection (2) of this section, in relation to any rate support grant order made before the date of the coming into operation of any provision of this Act (in this section referred to as “the relevant provision”) for a grant period ending after that date.

• (2) Without prejudice to subsection (6) of the said section 4 (which empowers an order under subsection (1) of that section to vary the matters prescribed by a rate support grant order), an order under subsection (1) of that section made by virtue of this section may be made for such year or years comprised in the grant period concerned as may be specified in the order and in respect of the year or each of the years so specified shall increase the amounts fixed by the relevant rate support grant order as the aggregate amounts of the rate support grants and any elements of the grants for that year to such extent and in such a manner as may appear to the Secretary of State to be appropriate, having regard to any additional expenditure incurred or likely to be incurred by local authorities in consequence of the coming into operation of the relevant provision.

• (3) In this section “grant period” means the period for which a rate support grant order is made.

• (4) There shall be defrayed out of moneys provided by Parliament any increase in rate support grants attributable to this Act.

Administrative expenses

67

Any administrative expenses of the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

Supplemental

Compulsory acquisition of land

68

Orders and regulations etc.

69

• (1) Any power conferred on the Secretary of State by this Act to make an order or regulations, except an order under section 25,. . . or paragraph 23 or 24 of Schedule 4, shall be exercisable by statutory instrument; and any statutory instrument made in pursuance of this subsection, except an instrument containing only regulations under paragraph 8(2) of Schedule 3 or an order under section 1(6), 26, 46, , 72(2) or 73(2), or paragraph 11(2) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) A statutory instrument containing regulations under subsection (4) of section 5 or an order under section 34 of this Act shall not be subject to annulment as aforesaid, but no such regulations or order shall be included in a statutory instrument containing provisions which do not require approval in pursuance of the said subsection (4) or, as the case may be, to which subsection (7) of the said section 34 does not apply.

• (3) An order made or directions given by the Secretary of State under any provision of this Act, except an order under section 7(5), may be revoked or varied by a subsequent order or subsequent directions under that provision.

• (4) Any order or regulations made by the Secretary of State under this Act may—

• (a) make different provision for different circumstances;

• (b) provide for exemptions from any provisions of the order or regulations; and

• (c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the order or regulations.

• (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and ancillary provisions

70

• (1) In this Act, unless the contrary intention appears, the following expressions have the following meanings:—

• “the Act of 1933” means the Children and Young Persons Act 1933;

• “the Act of 1963” means the Children and Young Persons Act 1963;

• “approved school order”, “guardian” and “place of safety” have the same meanings as in the Act of 1933;

• . . .

• “child”, except in Part II (including Schedule 3) and sections 27, 63, 64 and 65 of this Act, means a person under the age of fourteen, and in that Part (including that Schedule) and those sections means a person under the age of eighteen and a person who has attained the age of eighteen and is the subject of a care order;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . .

• “local authority” ..., means the council of a non-metropolitan county or of a county borough, metropolitan district or London borough or the Common Council of the City of London;

• “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)

• “local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;

• “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

• “petty sessions area” . . ., in relation to a youth courtconstituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, . . . means such a division of that area as is mentioned in paragraph 14 of that Schedule;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “police officer” means a member of a police force;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “reside” means habitually reside, and cognate expressions shall be construed accordingly . . .;

• ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “young person” means a person who has attained the age of fourteen and is under the age of eighteen years;

• “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

• “youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);

and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.

• (1A) In the case of a child or young person—

• (a) whose father and mother were not married to, or civil partners of, each other at the time of his birth, and

• (b) whose father is named in a child arrangements order as a person with whom the child or young person is to live,

any reference in this Act to the parent of the child or young person includes (unless the contrary intention appears) a reference to the father.

• (1B) In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to, or civil partners of, each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 and “child arrangements order” has the meaning given by section 8(1) of the Children Act 1989.

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

• (3) In section 99(1) of the Act of 1933 (under which the age which a court presumes or declares to be the age of a person brought before it is deemed to be his true age for the purposes of that Act) the references to that Act shall be construed as including references to this Act.

• (4) Subject to the following subsection, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment including this Act.

• (5) Any reference in this Act to an enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament for the time being in force which re-enacts the said enactment with or without modifications.

Application to Isles of Stilly

71

This Act shall have effect, in its application to the Isles of Scilly, with such modifications as the Secretary of State may by order specify.

Transitional provisions, minor amendments and repeals etc.

72

• (1) The transitional provisions and savings set out in Part I of Schedule 4 to this Act shall have effect.

• (2) The transitional provisions set out in Part II of Schedule 4 to this Act shall have effect until such day as the Secretary of State may by order specify for the purposes of this subsection (being the day on and after which those provisions will in his opinion be unnecessary in consequence of the coming into force of provisions of the Social Work (Scotland) Act 1968) and shall be deemed to have been repealed on that day by an Act of Parliament passed after this Act.

• (3) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments specified in that Schedule (which are minor amendments and amendments consequential on the provisions of this Act).

• (4) Subject to subsection (1) of this section, the enactments mentioned in the first and second columns of Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Citation, commencement and extent

73

• (1) This Act may be cited as the Children and Young Persons Act 1969, and this Act and the Children and Young Persons Acts 1933 to 1963 may be cited together as the Children and Young Persons Acts 1933 to 1969.

• (2) This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different provisions of this Act so far as they apply to such cases only as may be specified in the order.

• (3) Without prejudice to the generality of section 69(4) of this Act, an order under the preceding subsection may make such transitional provision as the Secretary of State considers appropriate in connection with the provisions brought into force by the order, including such adaptations of those provisions and of any other provisions of this Act then in force as appear to him appropriate for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of a provision of the Social Work (Scotland) Act 1968.

• (4) This section and the following provisions only of this Act extend to Scotland, that is to say—

• (a) sections 10(1) and (2), 32(1) to (1E) and (2A) to (4), 56 and 57(1);

• (b) section 72(2) and Part II of Schedule 4;

• (c) paragraphs 25, 26, 33, 35, 38, 42, 43, 53, 54 and 57 to 83 of Schedule 5 and section 72(3) so far as it relates to those paragraphs;

• (d) section 72(4) and Schedule 6 so far as they relate to the Merchant Shipping Act 1894, the Superannuation (Miscellaneous Provisions) Act 1948, sections 10, 53, 55 and 59 of the Act of 1963, the Family Allowances Act 1965 and the Social Work (Scotland) Act 1968.

• (5) This section and the following provisions only of this Act extend to Northern Ireland, that is to say—

• (a) sections 25 and 32;

• (b) section 72(3) and Schedule 5 so far as they relate to section 29 of the Criminal Justice Act 1961 and provisions of the Social Work (Scotland) Act 1968 which extend to Northern Ireland; and

• (c) section 72(4) and Schedule 6 so far as they relate to section 83 of the Act of 1933, paragraph 13 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937, section 29 of the Criminal Justice Act 1961, sections 10(1) and (2), 53(1) and 65(5) of, and paragraphs 27, 34 and 50 of Schedule 3 to, the Act of 1963 and sections 73(2), 76(1) and (2) and 77(1)(b) of the Social Work (Scotland) Act 1968;

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

• (6) Section 26 of this Act and this section, and section 72(4) of this Act and Schedule 6 to this Act so far as they relate to paragraph 13 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937 and section 53(1) of, and paragraph 34 of Schedule 3 to, the Act of 1963, extend to the Channel Islands and the Isle of Man, and section 32(1) to (1C) and (4) of this Act and this section extend to the Channel Islands.

• (7) It is hereby declared that the provisions of sections 69 and 70 of this Act extend to each of the countries aforesaid so far as is appropriate for the purposes of any other provisions of this Act extending to the country in question.

SCHEDULE 1

1

• (1) In section 73(1), after the word "proceedings" there shall be inserted the words " and the proceedings mentioned in subsections (3A) and (3B) of this section ".

• (2) At the end of section 73(2) there shall be inserted the words " and any other magistrates' court to which the case is remitted in pursuance of section 56(1) of the Children and Young Persons Act 1933 ".

• (3) In section 73, after subsection (3) there shall be inserted the following subsections:—

(3A) Where a person— (a) is or is to be brought before a juvenile court under section 1 of the Children and Young Persons Act 1969 ; or (b) is the subject of an application to a magistrates' court under section 15 or section 21 of that Act ; or (c) is or is to be brought before a juvenile court under section 31 of that Act, the court may order that he shall be given legal aid for the purpose of proceedings before the court and, in a case falling within paragraph (a) of this subsection, before any juvenile court to which the case is remitted. (3B) Where a person desires to appeal to a court of quarter sessions in pursuance of section 2(12), 3(8), 16(8), 21(4) or 31(6) of the said Act of 1969, that court or the court from whose decision the appeal lies may order that he be given legal aid for the purpose of the appeal.

2

• (1) At the end of section 74(2) there shall be inserted the words " and except in the case of proceedings under section 1 of the Children and Young Persons Act 1969 where it is alleged that the condition set out in subsection (2)(f) of that section is satisfied in consequence of an indictable offence and where the court is of the opinion aforesaid ".

• (2) In section 74(3), after " (3)" there shall be inserted the word " (3B) " and for the word "either" there shall be substituted the word " any ".

• (3) In section 74(5), after the word " (2) " there shall be inserted the words " or (3A) ".

• (4) In section 74(6), after the word " section", there shall be inserted the words " or to any person by a legal aid order under subsection (3B) of that section " and after the word " sentence " there shall be inserted the words " or, as the case may be, dismissing the appeal mentioned in the said subsection (3B) or otherwise altering the order to which the appeal relates ".

3

In section 75, after subsection (4) there shall be inserted the following subsection:—

(4A) Subsections (3) and (4) of this section shall have effect, in their application to a person who has not attained the age of sixteen, as if the words " he ", " him " and " his " referred to that person and a person who is an appropriate contributor in relation tohimor such of them as the court selects, and as if for the word " shall" in subsection (4) there were substituted the word " may " ; and the court may require that a statement furnished by an appropriate contributor in pursuance of subsection (4) shall specify both his means and those of the other person aforesaid.

4

• (1) In section 76, after subsection (1) there shall be inserted the following subsection:—

(1A) In a case where a legally assisted person has not attained the age of sixteen, the power conferred by the last foregoing subsection to order him to pay contributions in respect of the relevant costs shall include power to order any person who is an appropriate contributor in relation to him to pay such contributions ; and for the purposes of any order proposed to be made by virtue of this subsection in connection with a legal aid order, an appropriate contributor who has failed to furnish a statement which he was required to furnish in pursuance of section 75(4) of this Act in connection with the legal aid order shall be deemed to have resources and commitments which are such that he may reasonably be ordered to pay the whole amount of the costs in question.

• (2) In section 76(4)(a), after the words " that magistrates' court" there shall be inserted the words " , or any other magistrates' court to which the case is remitted in pursuance of section 56(1) of the Children and Young Persons Act 1933. "

• (3) At the end of section 76 there shall be inserted the following subsection:—

(5) Nothing in subsection (4) of this subsection applies in a case where the legal aid order in question was made by virtue of section 73(3A) or (3B) of this Act, and in such a case an order under this section may be made— (a) where the legal aid was ordered to be given for the purpose of proceedings before a magistrates' court, by that court, or any other magistrates' court to which the case is remitted in pursuance of section 2(11) of the Children and Young Persons Act 1969, after disposing of the case ; and (b) where the legal aid was ordered to be given for the purposes of an appeal to a court of quarter sessions, by that court after disposing of the appeal.

5

In section 77(1), after the words " assisted person ", there shall be inserted the words " , or a person who is an appropriate contributor in relation to him, ", for the words " into his means " there shall be substituted the words " into the means of that person and any such contributor or of either or any of them " and the words " on his means " shall be omitted.

6

In section 78(1), after the words " that he" there shall be inserted the words " or any other person ".

7

• (1) In section 79(2), after the word " by" there shall be inserted the words " or in respect of " , and for the words " to him " there shall be substituted the words—

(a) where the contribution was made by one person only, to him ; and (b) where the contribution was made by two or more persons, to them in proportion to the amounts contributed by them

.

• (2) In section 79(3) and section 79(6) after the words " assisted person" there shall be inserted the words " or an appropriate contributor ".

8

• (1) In section 84, in the definition of " appropriate authority ", after paragraph (a) there shall be inserted the following paragraph:—

(aa) in relation to legal aid ordered by virtue of section 73(3A) or (3B) of this Act, the clerk of the magistrates' court before which the proceedings were heard or from which the appeal was brought or the clerk of the magistrates' court nominated for the purposes of this paragraph by the first-mentioned court.

• (2) In section 84, after the definition aforesaid there shall be inserted the following:—

• " appropriate contributor ", in relation to a person who has not attained the age of sixteen, means his father, any person who has been adjudged to be his putative father and (whether or not he is legitimate) his mother.

• (3) At the end of section 84 there shall be inserted the following subsections:—

(2) Any power to make an application in pursuance of this Part of this Act which is exercisable by a person who has not attained the age of seventeen shall also be exercisable by his parent or guardian on his behalf, without prejudice to any powers of the parent or guardian apart from this subsection ; and in this subsection " guardian " has the same meaning as in section 70(2) of the Children and Young Persons Act 1969. (3) A person who attains the age of sixteen after a legal aid order is made in respect of him or, in a case where such an order is made in pursuance of an application, after the application is made, shall be treated for the purposes of this Part of this Act, in relation to the order, as not having attained that age.

and accordingly the said section 84 as amended by sub-paragraphs (1) and (2) of this paragraph shall be subsection (1) of that section.

SCHEDULE 2

1