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Children and Young Persons Act 1963
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- 1963 c. 37
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- Miscellaneous
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MiscellaneousE+W+S
56 Prosecution of offences under Part I or Part II of principal Act.E+W
(1)Without prejudice to section 98 of the principal Act (which authorises a local education authority to institute proceedings for an offence under Part I or Part II of that Act) any such proceedings may be instituted by the council of a county or county borough, whether or not the council are the local education authority, and may, where the council are the local education authority, be instituted by them otherwise than in that capacity.
[F1(1A)Subsection (1) above shall have effect in relation to Wales as if the reference to a county were a reference to a Welsh county or county borough.]
(2)So much of subsection (5) of section 85 of the Local Government Act 1933 F2... as restricts the matters that may be referred to or dealt with by committees established under [F3the said section 85 ]F2... shall not apply in relation to any functions exercisable by a council in pursuance of this section.
Textual Amendments
F1S. 56(1A) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 4(1) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F2Words in s. 56(2) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)
F3Words substituted by Local Authority Social Services Act 1970 (c. 42), Sch. 2 para. 10
57 Newspaper and broadcast reports of proceedings involving children. E+W+S
(1)In section 39 of the principal Act and in section of the principal Scottish Act (which empower a court to prohibit the publication in newspapers of pictures or matter leading to the identifleation of children and young persons concerned in certain proceedings) the words “which arise out of any offence against, or any conduct contrary to, decency or morality” shall be omitted and for the word “against” in paragraph (a) there shall be substituted the words “by or against”.
F4(2)F5. . . section 54 of the principal Scottish Act (which restrict newspaper reports of proceedings in [F6youth courts]) shall, with the necessary modifications, apply in relation to any proceedings on appeal from a [F6youth court] (including F5. . ., in Scotland, stated case) as they apply in relation to proceedings in a [F6youth court].
[F7(3)[F8Sections 39 and 49 of the principal Act] shall extend to Scotland and the said [F8section 46] shall extend to England and Wales, but—
(a)references to a court in the said sections 39 and 49 shall not include a court in Scotland; and
(b)references to a court in the said [F8section 46] shall not include a court in England or Wales.]
(4)The said sections 39 and 49 and the said sections 46 . . . F9 shall, with the necessary modifications, apply in relation to sound and television broadcasts as they apply in relation to newspapers.
Textual Amendments
F4S. 57(2) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I
F5Words in s. 57(2) repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/127, art. 2(1), Sch. 1 Appendix c
F6Words in s. 57 substituted (1.10.1992) (E.W.) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(e); S.I. 1992/333, art. 2(2), Sch. 2
F7S. 57(3) substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 53
F8Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 45
F9Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I
Modifications etc. (not altering text)
C1The “said section 46” means Children and Young Persons (Scotland) Act 1937 (c. 37), s. 46
C2The text of ss. 16(1), 17(1)(2), 25(1), 31, 32, 34, 35(3), 36, 38(2), 43, 57(1), 64(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C3S. 57(4) amended (prosp.)(retrospectively) by 1999 c. 23, ss. 67(1), 68(3), Sch. 4 paras. 21, 24 (with Sch. 7 paras. 3(3), 5(2))
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S
Textual Amendments
F10S. 58 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I and (E.W.) by Child Care Act 1980 (c. 5), s. 89, Sch. 6
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S
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