Children and Young Persons Act 1969

(7A) (1) Where the court by which a probation order is made under section 2 of this Act or subsection (6) of this section is satisfied that the person to whom the order relates is under the age of seventeen and resides or will reside in England, subsection (2) of the said section 2 shall not apply to the order but the order shall name the petty sessions area in which that person resides or will reside and the court shall send notification of the order to the clerk to the justices for that area. (2) Where a probation order has been made under section 2 of this Act or subsection (6) of this section and the court which made the order or the appropriate court is satisfied that the person to whom the order relates is under the age of seventeen and proposes to reside or is residing in England, the power of that court to amend the order under Schedule 2 to this Act shall include power, without summoning him and without his consent, to insert in the order the name of the petty sessions area aforesaid; and where the court exercises the power conferred on it by virtue of this subsection it shall send notification of the order to the clerk aforesaid. (3) A court which sends a notification to a clerk in pursuance of the foregoing provisions of this section shall send to him with it three copies of the probation order in question and such other documents and information relating to the case as it considers likely to be of assistance to the juvenile court mentioned in the following subsection. (4) It shall be the duty of the clerk to whom a notification is sent in pursuance of the foregoing provisions of this section to refer the notification to a juvenile court acting for the petty sessions area named in the order, and on such a reference the court— (a) may make a supervision order under the Children and Young Persons Act 1969 in respect of a person to whom the notification relates ; and (b) if it does not make such an order, shall dismiss the case. (5) A supervision order made by virtue of the foregoing subsection shall not include a requirement authorised by section 12 of the said Act of 1969 unless the supervised person is before the court when the supervision order is made, and in relation to a supervision order made by virtue of that subsection— (a) section 15 of that Act shall have effect as if in subsection (4) paragraph (b) and the words following it were omitted ; and (b) section 17(a) of that Act shall have effect as if the second reference to the supervision order were a reference to the probation order in consequence of which the supervision order is made ; and when a juvenile court disposes of a case referred to it in pursuance of the foreging subsection, the probation order in consequence of which the reference was made shall cease to have effect. (6) The court which, in pursuance of subsection (1) of section 73 of the Social Work (Scotland) Act 1968, considers a case referred to it in consequence of a notification under paragraph (i) of that subsection (which relates to a case in which a person subject to a supervision order made by virtue of this section moves to Scotland)— (a) may, if it is of opinion that the person to whom the notification relates should continue to be under supervision, make a probation order in respect of him for a period specified in the order; and (b) if it does not make such an order, shall dismiss the case ; and when the court disposes of a case in pursuance of this subsection the supervision order aforesaid shall cease to have effect. (7) Notwithstanding any provision to the contrary in section 2 of this Act, a probation order made by virtue of the foregoing subsection which includes only requirements having the like effect as any requirement or provision of the supervision order to which the notification relates may be made without summoning the person to whom the notification relates and without his consent, and shall specify a period of supervision which shall expire not later than the date on which that supervision order would have ceased to have effect by the effluxion of time; and, except as aforesaid, Part I of this Act shall apply to that probation order. (8) In this section " petty sessions area " has the same meaning as in the said Act of 1969.

The Sexual Offences Act 1956

27

In section 37(7) of the Sexual Offences Act 1956, for the words “section twenty or twenty-one of the Magistrates’ Courts Act 1952 (which relate” in paragraph (a) there shall be substituted the words “section 6 of the Children and Young Persons Act 1969 (which relates” and for the words “that Act” in paragraph (b) there shall be substituted the words “ the Magistrates’ Courts Act 1952”.

The Affiliation Proceedings Act 1957

28

• (1) In section 5(2)(a) of the Affiliation Proceedings Act 1957, for the words from “fit person” to “school” there shall be substituted the words “local authority”.

• (2) In section 7(4) of that Act, for paragraph (a) there shall be substituted the following paragraph:—

(a) subject to the next following subsection, so as to require payments thereunder to be made in respect of any period when the child is in the care of a local authority under section 1 of the or by virtue of a care order (other than an interim order) within the meaning of the Children and Young Persons Act 1969 ;

• (3) In section 7(6) of that Act, for the words from “a person” onwards there shall be substituted the words “by virtue of such a care order as aforesaid”.

The Children Act 1958

29

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

30

In section 9 of the said Act of 1958, after the words " foster child " there shall be inserted the words " for reward ".

31

In section 12(1) of the said Act of 1958, for the words " one month " there shall be substituted the words " two weeks ".

32

In section 17 of the said Act of 1958, after the words "that is to say " there shall be inserted the words " approved school " has the same meaning as in the Children and Young Persons (Scotland) Act 1937; " and, in the definition of " place of safety ", for the word " home " in the first place where it occurs there shall be substituted the words " community home " and for the words " under Part II of the Children Act 1948, remand" there shall be substituted the words " a controlled community ".

The Adoption Act 1958

33

• (1) In section 4(3) of the Adoption Act 1958, for paragraph (a) there shall be substituted the following paragraph:—

(a) section 24 of the Children and Young Persons Act 1969 (which relates to the powers and duties of local authorities with respect to persons committed to their care in pursuance of that Act).

34

In section 15(3) of the said Act of 1958, for the words “the last mentioned order” there shall be substituted the words “or to the care of a local authority by a care order (other than an interim order) in force under the Children and Young Persons Act 1969, the fit person order or care order as the case may be”.

35

In section 37(2) of the said Act of 1958, for the words “(4) or (5)” there shall be substituted the words “or (4)”.

36

In section 57(1) of the said Act of 1958, in the definition of “place of safety”, for the word “home” in the first place where it occurs there shall be substituted the words “community home” and for the words “under Part II of the Children Act 1948, remand” there shall be substituted the words “a controlled community”.

The Mental Health Act 1959

37

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38

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39

In section 50 of the said Act of 1959, for paragraph (a) there shall be substituted -the following paragraph:—

(a) section 24 of the Children and Young Persons Act 1969 (which relates to the powers and duties of local authorities with respect to persons committed to their care in pursuance of that Act).

40

In section 60(6) of the said Act of 1959, after the word " offence" there shall be inserted the words " or make any such order as is mentioned in paragraphs (b) or (c) of section 7(7) of the Children and Young Persons Act 1969 in respect of the offender ".

41

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The Mental Health (Scotland) Act 1960

42

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43

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The Criminal Justice Act 1961.

44

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45

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46

In section 29(3)(a) of the said Act of 1961, for the words “that Act” there shall be substituted the words “the Children and Young Persons Act 1933”.

The Act of 1963

47

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48

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49

In section 29(1) of the Act of 1963, for the words “before a juvenile court under section 62 or section 65 of the principal Act” there shall be substituted the words “under section 1 of the Children and Young Persons Act 1969 or for an offence” ; and section 29(2) of the Act of 1963 shall cease to have effect.

50

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51

In section 45(1) of the Act of 1963, after the words "the Children Act 1958 " there shall be inserted the words " the Children and Young Persons Act 1969 ".

52

In section 49(1) of the Act of 1963, for the words "section 3(3)", there shall be substituted the words " section 13(2) " and for the words " over the care " in both places there shall be substituted the word " charge ".

53

For subsection (3) of section 57 of the Act of 1963 there shall be substituted the following subsection:—

(3) The said sections 39 and 49 shall extend to Scotland and the said sections 46 and 54 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 sections 46 and 54 shall not include a court in England and Wales.

The Family Allowances Act 1965

54

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The Criminal Justice Act 1967

55

In section 9 of the Criminal Justice Act 1967 and section 5B of the Magistrates’ Courts Act 1980, after subsection (3) of each section there shall be inserted the following subsection:—

(3A) In the case of a statement which indicates in pursuance of subsection (3)(a) of this section that the person making it has not attained the age of fourteen, subsection (2)(b) of this section shall have effect as if for the words from “made” onwards there were substituted the words “understands the importance of telling the truth in it”.

56

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The Social Work (Scotland) Act 1968

57

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58

• (1) In section 72 of the said Act of 1968, after subsection (1) there shall be inserted the following subsection:—

(1A) The juvenile court in England or Wales to which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 of the Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made ; and in relation to a supervision order made by virtue of this subsection— (a) section 15 of that Act shall have effect as if subsection (2) were omitted ; and (b) section 17 of that Act shall have effect as if in paragraph (a) the reference to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.

• (2) In subsection (2) of that section, after the word “court” there shall be inserted the words “in Northern Ireland”.

• (3) In subsection (4) of that section for the words from “includes” to “1963” there shall be substituted the words “, in relation to England and Wales, has the same meaning as in the said Act of 1969”.

59

• (1) In section 73 of the said Act of 1968, in subsection (1), after the word “reporter”, in the second place where it occurs, there shall be inserted the following words:—

(i) in the case of a supervision order made by virtue of section 7A(4) of the Criminal Justice (Scotland) Act 1949, to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the reporter has received by virtue of section 76 of this Act ; (ii) in any other case. and at the end of that subsection there shall be inserted the following paragraph:— In this subsection “appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court.

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

(1A) Where a court in England and Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales) ; and where the court makes a supervision order by virtue of this subsection— (a) the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting ; (b) the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act ; and (c) the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the reporter shall apply accordingly.

• (3) In subsection (2) of that section for the word “subsection” there shall be substituted the words “provisions of this section.”.

60

In section 74 of the said Act of 1968, after subsection (5) there shall be inserted the following subsection:—

(6) An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the Children and Young Persons Act 1969, but as if sections 20(2) and 21(5) of that Act and in section 20(3) of that Act paragraph (a) and the words “in any other case” in paragraph (b) were omitted.

61

• (1) In section 75 of the said Act of 1968, in subsection (1) after the word “order” there shall be inserted the words “or an order under section 74(3) of this Act relating to a training school”.

• (2) In subsection (2) of that section, for the words from “under”, where it first occurs, to “1944” there shall be substituted the words “by a care order (other than an interim order) within the meaning of the Children and Young Persons Act 1969 or an order under section 74(3) of this Act” and after the word “1947” there shall be inserted the words “or the said section 74(3)”.

• (3) In subsection (3) of that section, after the words “training school order” there shall be inserted the words “or order under the said section 74(3) relating to a training scool”.

• (4) In subsection (4) of that section after the word “order” there shall be inserted the words “under the said section 74(3) or”.

62

In section 76(4) of the said Act of 1968, after the word “order” there shall be inserted the words “or order under section 74(3) of this Act relating to a training school”.

63

In section 90(1) of the said Act of 1968, the words “or to prescribe any matter,” shall be omitted.

64

In section 94(1) of the said Act of 1968—

• (1) after the definition of “place of safety” there shall be inserted the words—

“prescribed” means—

• (a) in section 3, prescribed by regulations,

• (b) in section 44, prescribed by rules, and

• (c) in sections 62(2), 66(1) and (2), 94, paragraphs 2(2) and (3), 4(3) and (4) of Schedule 7, prescribed by order,

• (2) in the definition of “supervision order” after the word “1963” there shall be inserted the words “and includes a supervision order within the meaning of the Children and Young Persons Act 1969”.

65

In section 97(1) of the said Act of 1968—

• (1) after the words “that is to say—” there shall be inserted the words “section 44(1) (except head (b)) and (1A)”,

• (2) after the words “Part V” there shall be inserted the words “section 98(3)” and “Schedule 2, paragraphs 7 and 13”.

66

In section 98 of the said Act of 1968, after subsection (2) there shall be inserted the following subsection:—

(3) An order under this section may make such transitional provisions as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or of any provision of this Act then in force as appear to the Secretary of State necessary or expedient 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 the Children and Young Persons Act 1969.

67

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68

In Schedule 2 to the said Act of 1968, in paragraph 19, after the word "' children'" there shall be inserted the words " , for the word ' offenders' there shall be substituted the word ' children', and for the word ' offender' in the three places where that word occurs there shall be substituted the word ' child ' ".

69

In Schedule 7 to the said Act of 1968, in paragraph 1(1)(a), for the words “section 63” there shall be substituted the words “section 62”.

70

In Schedule 8 to the said Act of 1968, in paragraph 7—

• (a) for sub-paragraph (1) of that paragraph there shall be substituted the following sub-paragraph:—

• (1) In section 87, for subsection (1), there shall be substituted the following subsection—

(1) Any person detained in a training school under the law in force in Northern Ireland may, with the consent of the Secretary of State, be transferred by order of the competent authhority in Northern Ireland to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order sending him to the school in Northern Ireland were an order for committal for residential training made under section 58A of this Act made upon the same date, and as if the order were an authority for his detention for a period not exceeding the period for which he might be detained under the training school order made in respect of him ;

• (b) in sub-paragraph (2) of that paragraph at the end there shall be inserted the words “; and in section 87(2) and (4) the words “England or”, wherever they occur, shall be omitted” ;

• (c) in sub-paragraph (3) of that paragraph the words “to such” shall be omitted ;

• (d) after sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraphs—

(4) In section 87(5) the words “in relation to England, the Secretary of State, and” shall be omitted. (5) In section 87 subsection (6) shall be omitted.

71

In Schedule 8 to the said Act of 1968, in paragraph 9(2), for the word “for” there shall be substituted the word “of”.

72

In Schedule 8 to the said Act of 1968, in paragraph 10, at the end there shall be inserted the following words—

after the definition of “Street” there shall be inserted the following definition— “Training school order” has the same meaning as in the Social Work (Scotland) Act 1968.

73

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74

In Schedule 8 to the said Act of 1968, in paragraph 38, for the words “In section 15(4)” there shall be substituted the words—

(1) In section 15(3), for the words “the last mentioned order” there shall be substituted the words “or to the care of a local authority by a care order (other than an interrim order) in force under the Children and Young Persons Act 1969, the fit person order or care order as the case may be”. (2) In subsection (4).

75

In Schedule 8 to the said Act of 1968, in sub-paragraph (1) of paragraph 51, for the words from “inclufde”where it secondly occurs to the end of the sub-paragraph there shall be substituted the words “include ; and paragraph (e) shall be omitted.”

76

In Schedule 8 to the said Act of 1968, in paragraph 54, for the word “and” where the word first occurs there shall be substituted the word “or” and after the words “by virtue of” there shall be inserted the words “where those words secondly occur”.

77

In Schedule 8 to the said Act of 1968, after paragraph 59, there shall be inserted the following paragraph:—

(59A) In section 32(2), after paragraph (g), there shall be inserted the following paragraph— (h) section 58A of the Children and Young Persons (Scotland) Act 1937.

78

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79

In Part I of Schedule 9 to the said Act of 1968, in the entry relating to the Children and Young Persons (Scotland) Act Act 1937, in the thrid column, after the words “Sections 68 to 86” there shall be inserted the following words:—

In section 87(2) and (4) the words “England or” wherever they occur, in subsection (5) the words “in relation to England, the Secretary of State, and” and subsection (6).

80

In Part I of Schedule 9 to the said Act of 1968, in the entry relating to the Children Act 1958, in the third column, for the words “Section 2(6) and (7)” there shall be substituted the words—

In section 2, in subsection (4) the words from “or by virtue of” to “of an approved school”, and subsections (6) and (7).

81

In Part I of Schedule 9 to the said Act of 1968, in the entry relating to section 15(3) of the Adoption Act 1958, in the third column, for the words “or the Children” to “1937” there shall be substituted the following words “fit person by” to “care of a” and the words “fit person order or” and “as the case may be”

82

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83

In Part II of Schedule 9 to the said Act of 1968, in the entry relating to the Family Allowances Act 1965, in the third column, for the words from “11,” to “(2),” there shall be substituted the word “11(2),”.

Schedule 6

SCHEDULE 7

Restrictions on criminal proceedings for offences by young persons.

7A

11A

12A

12AA

12B

12C

12D

14A

16A

16B

20A

21A

23A

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23AA

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Transfers between England or Wales and Northern Ireland.

Conflict of interest between parent and child or young person

32A

32B

32C

Transitional provisions, minor amendments and repeals etc.

1A

• (1) Where—

• (a) before the date when section 1 of this Act comes into force any child or young person (hereafter in this paragraph referred to as “the relevant infant”) has been brought before a youth court under section 62 of the Children and Young Persons Act 1933 or has been brought before such a court by virtue of a provision of section 40 or 40A of the Education Act 1944; and

• (b) immediately before that date that court has neither made any order which it had power to make in respect of the relevant infant under the said section 62 nor dismissed the case,

nothing in paragraph 13 of Schedule 5 to this Act nor in any provision of Schedule 6 thereto shall prevent the proceedings before that court in respect of the relevant infant being continued; but the court shall in those proceedings have power to make any order which it has power to make in proceedings under section 1 of this Act and shall not have power to make any other order, and subsections (3), (4) and (5) of the said section 1 and subsections (10) and (13) of section 2 of this Act shall have effect accordingly with any necessary modifications.

• (2) For the purposes of subsection (12) of the said section 2, any order made in respect of the relevant infant by virtue of sub-paragraph (1) of this paragraph shall be deemed to be made under section 1 of this Act.

• (3) Any record of a finding of the fact that the relevant infant is in need of care or protection made in pursuance of section 5 of the Children and Young Persons Act 1938 in any such proceedings as are referred to in sub-paragraph (1) of this paragraph shall, notwithstanding the repeal of the said section 5 by this Act, be admissible as evidence of that fact in those proceedings.

Editorial notes