Children and Young Persons Act 1963 (c. 37)

Section 64.

Schedule 3U.K. Minor and Consequential Amendments

The Principal ActU.K.

1—3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1Ss. 21, 64(3), Sch. 3 paras. 1–3, 8, 12, 39, Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

4E+W+SFor subsection (3) of section 18 there shall be substituted the following subsection:—

“(3)Nothing in this section, or in any byelaw made under this section, shall prevent a child from taking part in a performance—

(a)under the authority of a licence granted under this Part of this Act ; or

(b)in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence that section is required for him to take part in the performance.”

Modifications etc. (not altering text)

C1The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

5E+W+SIn section 23, for the words “public performance” there shall be substituted the words “performance to which section 37 of the Children and Young Persons Act 1963 applies and”.

Modifications etc. (not altering text)

C2The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

6(1)In subsection (2) of section 24 for the words “petty sessional court” there shall be substituted the words “local authority”.E+W+S

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

Modifications etc. (not altering text)

C3The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

7U.K.In the proviso to section 25(1), for the words “Great Britain and Ireland” there shall he substituted the words “the United Kingdom”.

Modifications etc. (not altering text)

C4The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2Ss. 21, 64(3), Sch. 3 paras. 1–3, 8, 12, 39, Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

9E+W+SIn section 28(1) for the words “an entertainment or performance” there shall be substituted the words “a performance”.

Modifications etc. (not altering text)

C5The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

10E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

[F411In section 40(1), for the words from “to take him” to “detain him there” there shall be substituted the words “to take him to a place of safety, or authorising any constable to remove him with or without search to a place of safety, and a child or young person taken to a place of safety in pursuance of such a warrant may be detained there”.]

Textual Amendments

F4Sch. 3 para. 11 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

Modifications etc. (not altering text)

C6The text of Sch. 3 para. 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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Textual Amendments

F5Ss. 21, 64(3), Sch. 3 paras. 1–3, 8, 12, 39, Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

13E+W+SIn section 53(4), for the words “shall return” there shall be substituted the words “may be arrested without warrant by any constable and taken”; and the words from “and if he fails” to the end of the section shall be omitted.

Modifications etc. (not altering text)

C7The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

14(1)In subsection (1) of section 56, for the words “if it thinks fit” there shall be substituted the words “and, if it is not a juvenile court, shall unless satisfied that it would be undesirable to do so”.

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

“(2)Where any case is so remitted—

(a)the offender shall have the same right of appeal against any order of the court to which the case is remitted as if he had been found guilty by that court, but shall have no right of appeal against the order of remission and

(b)any appeal against the finding of guilt shall, if the finding was made by a juvenile or other magistrates’ court, be made to the court of quarter sessions having jurisdiction to hear an appeal under paragraph (a) of this subsection.”

Modifications etc. (not altering text)

C8The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

15E+W+SIn section 58, for the words “for the detention of the person to whom it relates” there shall be substituted the words “for his detention in that approved school or in such other approved school as the Secretary of State may from time to time determine”.

Modifications etc. (not altering text)

C9The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

16—23.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

24E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7Sch. 3 para. 24 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. I Pt. XIII

25—27.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

28E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9S. 19, Sch. 3 paras. 28, 51 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

The principal Scottish ActE+W+S

29(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S

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

“(3)Nothing in this section or in any byelaw made under this section shall prevent a child from taking part in a performance—

(a)under the authority of a licence granted under this Part of this Act ; or

(b)in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.”

Textual Amendments

F10Sch. 3 para. 29(1) repealed by Children Act 1972 (c. 44), Sch.

Modifications etc. (not altering text)

C10The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

30E+W+SIn section 33, for the words “public performance” there shall be substituted the words “performance to which section 37 of the Children and Young Persons Act 1963 applies and”.

Modifications etc. (not altering text)

C11The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

31E+W+SIn section 36(1), for the words “an entertainment or performance” there shall be substituted the words “a performance”.

Modifications etc. (not altering text)

C12The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

32E+W+SIn section 38(3), for the words “The said provisions” there shall be substituted the words “The provisions of this Part of this Act relating to employment”.

Modifications etc. (not altering text)

C13The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

33—36.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

37E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12Sch. 3 para. 37 repealed by Statute Law Revision Act 1965 (c. 55)

The Children Act 1948E+W+S

38E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13S. 30, Sch. 3 paras. 38, 40 repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

39E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14Ss. 21, 64(3), Sch. 3 paras. 1–3, 8, 12, 39, Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

40E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15S. 30, Sch. 3 paras. 38, 40 repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

41E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16Sch. 3 para. 41 repealed by Local Authority Social Services Act 1970 (c. 42), Sch. 3

42In section 43(1) after the words “the Children and Young Persons Act 1933” there shall be inserted the words “sections 1, 11 and 13 of the Children and Young Persons Act 1963”.

Modifications etc. (not altering text)

C14The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

43In section 44(1), after the words “the Children and Young Persons (Scotland) Act 1937”, there shall be inserted the words “section 1 of the Children and Young Persons Act 1963”.

Modifications etc. (not altering text)

C15The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

44E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F17Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

The Criminal Justice (Scotland) Act 1949E+W+S

45In section 72(1), for the words from “or under section 38” to “1956” there shall be substituted the words “or under section 36(4) or section 44(3) of the Education (Scotland) Act 1962”.

Modifications etc. (not altering text)

C16The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

46E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

F18Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

47E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19S. 20, Sch. 3 para. 47 repealed by Administration of Justice Act 1964 (c. 42), Sch. 5

48, 49.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20Ss. 2, 4–15, 22, 23(2)(6)–(8), 24, 25(2), 33, 53(1)(2), 59, 61, Sch. 1, Sch. 3 paras. 10, 16–23, 25–27, 33–36, 44, 46, 48, 49 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

the Criminal Justice Act 1961U.K.

50(1)In subsection (1) of section 29, after the words “or remand home” there shall be inserted the words “special reception centre or other place of safety”.U.K.

(2)In subsection (2) of that section, after the words “taken back to the prison or other institution” there shall be added the words “or place”.

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

“(3)In this section “special reception centre” has the same meaning as in the Children and Young Persons Act 1933 and “place of safety” has—

(a)in relation to England and Wales, the same meaning as in that Act ; and

(b)in relation to Scotland, the same meaning as in the Children and Young Persons (Scotland) Act 1937; and

(c)in relation to Northern Ireland, the same meaning as in the Children and Young Persons Act (Northern Ireland) 1950.”

Modifications etc. (not altering text)

C17The text of Sch. 2, Sch. 3 paras. 4, 5, 6(1)(2), 7, 9, 13, 14(1)(2), 15, 29(2), 30, 31, 32, 42, 43, 45, 50(1)(2)(3) 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.

51E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21S. 19, Sch. 3 paras. 28, 51 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV