Search Legislation

Children and Young Persons Act 1969

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

This version of this Act contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Children and Young Persons Act 1969 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

  • s. 23(1) words substituted by 2006 c. 38 s. 61(b) (This amendment not applied to legislation.gov.uk. S. 61 omitted (3.12.2012) by virtue of 2012 c. 10, Sch. 12 para. 54; S.I. 2012/2906, art. 2(j))
  • s. 23(1) words substituted by 2006 c. 38 s. 61(c) (This amendment not applied to legislation.gov.uk. S. 61 omitted (3.12.2012) by virtue of 2012 c. 10, Sch. 12 para. 54; S.I. 2012/2906, art. 2(j))
  • s. 23(1)(a) words substituted by 2006 c. 38 s. 61(a) (This amendment not applied to legislation.gov.uk. S. 61 omitted (3.12.2012) by virtue of 2012 c. 10, Sch. 12 para. 54; S.I. 2012/2906, art. 2(j))
  • s. 23(5A)(a) words substituted by 2012 c. 10 Sch. 5 para. 4(2)(a)
  • s. 23(5A)(a) words substituted by 2012 c. 10 Sch. 5 para. 4(2)(b)
  • s. 23(5A)(aa) words substituted by 2012 c. 10 Sch. 5 para. 4(3)
  • s. 70 repealed in part by 1999 c. 22 Sch. 15 Pt. 5(2)

Part IU.K. Care and other treatment of juveniles through court proceedings

[F1 Care of children and young persons through juvenile courts]E+W

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 (with Sch. 14 paras, 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F4Ss. 1–3 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Consequential changes in criminal proceedings etc.E+W+S

Prospective

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

5 Restrictions on criminal proceedings for offences by young persons.E+W

F6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(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

  • F7. . .

and F7. . .; 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.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

7 Alterations in treatment of young offenders etc.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(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.

X1(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.

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(7B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(7C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(8B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1The text of s. 7(6) 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.

Textual Amendments

F13S. 7(7A) (which was inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 23(b)) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C131.12.1970 specified for purposes of s. 7(5) by S.I. 1970/1499, art. 2

F157A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F15S. 7A repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

9 Investigations by local authorities.E+W

(1)Where a local authority F17... bring F18. . . 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.

10 Further limitations on publication of particulars of children and young persons etc.E+W+S

F19(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

SupervisionE+W

F2111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2211A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F22S. 11A (which was inserted by Children Act 1975 (c. 72, SIF 49:9), Sch. 3 para. 68) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F2312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2412A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2512AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F25S. 12AA repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) and subject to amendment (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 4, 5 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

F2612B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2712C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2812D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F2913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3114A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3416A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3516B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F3718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F37S. 18 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) and subject to amendment (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 63(a) (with s. 107, Sch. 14 para 7(2)); S.I. 2001/916, art. 2(a)(ii)

F3819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F38S. 19 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) and subject to amendment (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 63(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

Committal to care of local authoritiesE+W

F3920. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F39Ss. 20–22 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F4020A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F40S. 20A (inserted) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 22) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F4121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F41Ss. 20–22 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F4221A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F42S. 21A repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F4322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F43Ss. 20–22 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 para. 27(4), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F4423Remands and committals to local authority accommodation.E+W

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

Textual Amendments

Modifications etc. (not altering text)

C2S. 23 modified (1.6.1999) by 1998 c. 37, s. 98; S.I. 1999/1279, art. 2(g)(i) (and, as so modified, amended (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 paras. 4, 7; S.I. 2001/916, art. 3(a)(ii)(with Sch. 2 para. 2) and (1.4.2001 in respect of Sch. 7 Pt. I and otherwiseprosp.) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. I para. 4(1)(2), Pt. II para. 39, Sch. 8); S.I. 2001/919, art. 2(f)(i) and (2.10.2006) by 2006 c. 9, ss. 4(2)(b)(3), 5(2); S.I. 2006/2491, art. 2

C3S. 23: amendment to earlier affecting provision 1998 c. 37 s. 98 (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 5; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F4523A Liability to arrest for breaking conditions of remand.E+W

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

[F4623BReport by local authority in certain cases where person remanded on bailE+W

(1)Subsection (2) below applies where a court remands a person aged 10 or 11 on bail and either—

(a)the person is charged with or has been convicted of a serious offence, or

(b)in the opinion of the court the person is a persistent offender.

(2)The court may order a local authority to make an oral or written report specifying where the person is likely to be placed or maintained if he is further remanded to local authority accommodation [F47under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]

(3)An order under subsection (2) above must designate the local authority which is to make the report; and that authority must be the local authority which the court would have designated under [F48section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] if the person had been remanded to local authority accommodation.

(4)An order under subsection (2) above must specify the period within which the local authority must comply with the order.

(5)The maximum period that may be so specified is seven working days.

(6)If the Secretary of State by order so provides, subsection (2) above also applies where—

(a)a court remands on bail any person who has attained the age of 12 and is under the age of [F4918] ,

[F50(b)the requirements in section 94(3) and (4) or 95(3) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 would have been fulfilled if the person had not been remanded on bail, and]

(c)in a case where he is remanded after conviction, the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which the offender was living.

(7)In this section—

  • serious offence” means [F51(subject to subsection (8))] an offence punishable in the case of an adult with imprisonment for a term of two years or more.

  • working day” means any day other than—

    (a)

    a Saturday or a Sunday,

    (b)

    Christmas day or Good Friday, or

    (c)

    a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]

[F52(8)For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—

(a)an offence is a “serious offence” if the conduct constituting the offence would, if committed in England and Wales, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and

(b)the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.]

F5323AA Electronic monitoring of conditions of remandE+W

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

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W

Textual Amendments

F54Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6

TransferU.K.

F5525 Transfers between England or Wales and Northern Ireland.E+W

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

Extent Information

E1This version of this provision extends to E.W. only; a seperate version has been created for N.I. only

Textual Amendments

Modifications etc. (not altering text)

C4Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F5525 Transfers between England or Wales and Northern Ireland.N.I.

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

Extent Information

E4This version of this provision extends to N.I. only; a separate version has been created for E.W. only

Textual Amendments

Modifications etc. (not altering text)

C10Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

26Transfers between England or Wales and the Channel Islands or Isle of Man.U.K.

(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 [F56 or as a [F57youth 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 [F58and ”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 [F59 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 [F60youth 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.

Extent Information

E2S. 26 extends to England, Wales, the Channel Islands and the Isle of Man only

Textual Amendments

F56Words in s. 26(1)(c) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).

F58Words in s. 26(1) inserted (14.10.1991) by S.I. 1991/2032, reg. 8(2)(a).

F59Words in s. 26(2) substituted (14.10.1991) for words to the end of subsection (3) by S.I. 1991/2032, reg. 8(2)(b).

Modifications etc. (not altering text)

C5Ss. 25, 26: power to amend conferred (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 101(5)(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61E+W

Textual Amendments

F61Ss. 24, 27 repealed by Child Care Act 1980 (c. 5), SIF 20), s. 89, Sch. 6 (s. 27(4) expressed to be repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4), 36(3)(a)); S.I. 1991/828, art. 3(2))

DetentionU.K.

F6228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F62S. 28 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)(6)); S.I. 1991/828, art. 3(2)

[F6329 Recognisance on release of arrested child or young person. E+W

[F64(1)]]A child or young person arrested in pursuance of a warrant shall not be released unless. . . F65 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.

F66[(2)In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.]

30 Detention of young offenders in community homes.E+W

(1)The power to give directions under [F67section 92 of the Powers of Criminal Courts (Sentencing) Act 2000] [F68or section 260 of the Sentencing Code] (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.

Textual Amendments

F67Words in s. 30(1) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 40

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69E+W

Textual Amendments

32 Detention of absentees.E+W

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

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(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 M1Children and Young Persons Act (Northern Ireland) 1968 [F73(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. . . F74 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. . . F74 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. . . F74, to the premises or other place aforesaid or such other premises as the authority. . . F74 may direct.

[F75(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 [F76paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or]

[F77(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]

[F78(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 [F79the meaning given by section 173 of the Sentencing Code]); or

(ii)to which he has been remanded under [F80paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or]

[F81(iia)to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or]

F82(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F83(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;

[F84(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.

[F85(1C)In this section “the responsible person” means, as the case may be—

(a)the person who made the arrangements under [F86paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;]

[F87(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 [F88paragraph 24(3)(b) of Schedule 6 to the Sentencing Code];

(c)the authority designated under [F89paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;]

[F90(ca)the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959;]

[F91(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.]

[F92(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 [F93the meaning given by section 191 of the Sentencing Code]), 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 [F94paragraph 26(2)(b) of Schedule 6 to the Sentencing Code] 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) [F95, (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 [F96level 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 M2[F97Magistrates’ Courts (Northern Ireland) Order 1981].

[F98(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 [F99mentioned in subsection (1), [F100(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) [F101or (1D)] of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F102responsible person][F103or 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) [F104, (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 [F105level 5 on the standard scale] or both.

(4)The reference to a constable in [F106subsections (1),(1A) [F107, (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 [F106subsection (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.]]

Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F73Words in s. 32(1)(d) inserted (4.11.1996) by S.I. 1995/756, art. 7(4); S.R. (N.I.) 1996/297, art. 3

F75S. 32(1A)–(1C) substituted (14.10.1991) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(1),(with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

F102Words in s. 32(2B) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(2), (with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C7S. 32(3) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(5)–(7), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

S. 32(3) restricted (4.11.1996) by S.I. 1995/755, art. 70(6)(7)(d); S.R. (N.I.) 1996/297, art. 2(2)

Marginal Citations

M11968 c. 34. (N.I.)

[F7532 Detention of absentees.S+N.I.

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

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176

(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 M18Children and Young Persons Act (Northern Ireland) 1968 [F177(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. . . F178 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. . . F178 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. . . F178, to the premises or other place aforesaid or such other premises as the authority. . . F178 may direct.

[F179(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 [F76paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or]

[F77(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]

[F78(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 [F79the meaning given by section 173 of the Sentencing Code]); or

(ii)to which he has been remanded under [F80paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or]

[F81(iia)to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or]

F82(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F83(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;

[F84(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.

[F85(1C)In this section “the responsible person” means, as the case may be—

(a)the person who made the arrangements under [F86paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;]

[F87(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 [F88paragraph 24(3)(b) of Schedule 6 to the Sentencing Code];

(c)the authority designated under [F89paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;]

[F90(ca)the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959; ]

[F91(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.]

[F92(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 [F93the meaning given by section 191 of the Sentencing Code]), 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 [F94paragraph 26(2)(b) of Schedule 6 to the Sentencing Code] 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) [F95, (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 [F180level 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 M19[F181Magistrates’ Courts (Northern Ireland) Order 1981].

[F182(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 [F99mentioned in subsection (1), [F100(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) [F101or (1D)] of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the [F183responsible person][F103or 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) [F104, (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 [F184level 5 on the standard scale] or both.

(4)The reference to a constable in [F185subsections (1),(1A) [F107, (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 [F185subsection (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.]]]

Extent Information

E5This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Textual Amendments

F75S. 32(1A)–(1C) substituted (14.10.1991) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(1),(with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

F177Words in s. 32(1)(d) inserted (4.11.1996) by S.I. 1995/756, art. 7(4); S.R. (N.I.) 1996/297, art. 3

F179S. 32(1A)–(1C) substituted (14.10.1991) for subsection (1A) (which was inserted by Children Act 1975 (c. 72, SIF 49:9, 10) s. 68(1)(3) ) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(1),(with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

F183Words in s. 32(2B) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 27(2), (with Sch. 14 paras. 1(1), 30); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C11S. 32(3) excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 51(5)–(7), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

S. 32(3) restricted (4.11.1996) by S.I. 1995/755, art. 70(6)(7)(d); S.R. (N.I.) 1996/297, art. 2(2)

S. 32(3) restricted (S.) (12.12.1996 for certain purposes and 1.4.1997 for all remaining purposes) by 1995 c. 36, s. 38(4)(b) (with ss. 90, 103(1)); S.I. 1996/3201, arts. 3(1)(7)

Marginal Citations

M181968 c. 34. (N.I.)

Conflict of interest between parent and child or young personE+W

F10832A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F108Ss. 32A-32C repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 para. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F10932B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F109 Ss. 32A-32C repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F11032C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F110Ss. 32A-32C repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111E+W

Transitional modifications of Part I for persons of specified agesE+W

34 Transitional modifications of Part I for persons of specified ages.E+W

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

F112(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(c)that any reference to a young person in section 5(8), F113. . . 9(1)F114... or 29(1) of this Act shall be construed as including a child who has attained such age as may be so specified;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

F116(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(2)In the case of a person who has not attained [F118the age of eighteen] but has attained such lower age as the Secretary of State may by order specify, no proceedings F119. . . 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 F119. . . 5(8) of this Act, given notice of the proceedings to [F120an officer of a local probation board] [F121, or an officer of a provider of probation services, acting in the area] for which the court acts; F119. . ..

(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 [F122local probation board] acting for [F123, 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 [F120an officer of a local probation board] [F124or 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

(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.

Textual Amendments

F112S. 34(1)(a) repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa).

F118Words in s. 34(2) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 9; S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F119Words in s. 34(2) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F120Words in s. 34(2)(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(2); S.I. 2001/919, art. 2(f)(i)

F122Words in s. 34(3) substituted (1.4.2001) by virtue of 2000 c. 43, s. 74, Sch. 7 Pt. II para. 40; S.I. 2001/919, art. 2(f)(ii)

Part IIE+W+S Accommodation etc. for children in care, and foster children

Community homesE+W+S

35—45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126E+W

46 Discontinuance of approved schools etc. on establishment of community homes. E+W

(1)If in the case of any approved school, [F127or remand home within the meaning of the M3Criminal Justice Act 1948 or approved probation hostel F128. . . (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.]

47—50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129E+W

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130E+W

52

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

X2(4)Section 37 of the M4 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

Editorial Information

X2The text of s. 52(4) 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.

Textual Amendments

Marginal Citations

M4 1958 c. 5. (7 & 8 Eliz. 2.)

53—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133E+W

56, 57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134E+W+S

Textual Amendments

F134Ss. 56, 57 repealed by (E.W.) Foster Children Act 1980 (c. 6, SIF 20), Sch. 3 and (S.) Foster Children (Scotland) Act 1984 (c. 56, SIF 20), Sch. 3

Words "49 and the said sections" in s. 57(4) expressed to be repealed (3.2.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/127, art. 2(1), Sch.1 Appendix C

58, 59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135E+W

Part IIIU.K. Miscellaneous and general

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136E+W

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137E+W

62—64A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138E+W

Financial provisionsE+W

65 Grants to voluntary organisations etc.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

(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 [F141part 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.

66 Increase of rate support grants.E+W

(1)The power to make an order under [F142section 4(1) of the M5Local 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 [F142subsection (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 [F143the 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.

Textual Amendments

F143Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3)

Marginal Citations

67 Administrative expenses.E+W

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

SupplementalU.K.

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144E+W

69 Orders and regulations etc.U.K.

(1)Any power conferred on the Secretary of State by this Act to make an order or regulations, except an order under section 25,. . . F145 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, , F145 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.

F146(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

70 Interpretation and ancillary provisions.U.K.

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

  • the M6Act of 1933” means the Children and Young Persons Act 1933;

  • the M7Act 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;

  • F147. . .

  • 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;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

  • F147. . .

  • local authorityF149[F150..., means the council of a non-metropolitan county or of a [F151county borough,] metropolitan district] or London borough or the Common Council of the City of London;

  • [F152local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)]

  • [F153local authority residence requirement” has [F154the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code];]

  • [F155local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

  • petty sessions areaF156. . ., in relation to a [F157 youth court]constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, F156. . . means such a division of that area as is mentioned in paragraph 14 of that Schedule;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

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

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

  • reside” means habitually reside, and cognate expressions shall be construed accordingly F158. . .;

  • F159...

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

  • F160[young person” means a person who has attained the age of fourteen and is under the age of eighteen years;]

  • [F161youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]

  • [F162youth rehabilitation order” and “youth rehabilitation order with fostering” have [F163the meanings given by sections 173 and 176 of the Sentencing Code];]

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

[F164[(1A)In the case of a child or young person—

(a)whose father and mother were not married to[F165, or civil partners of,] each other at the time of his birth, and

[F166(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.

F164(1B)In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to[F167, or civil partners of,] each other at the time of his birth shall be construed in accordance with section 1 of the M8Family Law Reform Act 1987 and [F168 child arrangements] order” has the meaning given by section 8(1) of the M9Children 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.]

Textual Amendments

F147Definitions in s. 70(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F151Words in the definition of “local authority” in s. 70(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 6 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F152Definition in s. 70(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 29(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F155S. 70(1): Definition of “local probation board” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 42; S.I. 2001/919, art. 2(f)(ii)

F156S. 70(1): words in definition of “petty sessions area” repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9))

F157Words in s. 70(1) substituted (1.10.1992) by Criminal Justice Act (c. 53, SIF 39:1), s. 100, Sch. 11, para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2

F158S. 70(1): Words in definition of “reside” repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F160Definition in s. 70(1) of “young person” substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(2), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F161Definition in s. 70(1) inserted (30.9.1998 for specified areas and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 23; S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)

F166S. 70(1A)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 43(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F168Words in s. 70(1B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 43(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Marginal Citations

71 Application to Isles of Scilly.E+W

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.

72 Transitional provisions, minor amendments and repeals etc.E+W

(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 M10Social Work (Scotland) Act 1968) and shall be deemed to have been repealed on that day by an Act of Parliament passed after this Act.

X3(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).

X3(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F169

Editorial Information

X3The text of s. 72(3)(4) 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.

Textual Amendments

Marginal Citations

73 Citation, commencement and extent.U.K.

(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 M11Social 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), [F17032(1) [F171to (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 M12Merchant Shipping Act 1894, the M13Superannuation (Miscellaneous Provisions) Act 1948, sections 10, 53, 55 and 59 of the Act of 1963, the M14Family Allowances Act 1965 and the M15Social 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 M16Criminal 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 M17Children 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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172

(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 [F17332(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.

Subordinate Legislation Made

P1Power of appointment conferred by s. 73(2) exercised: S.I. 1969/1552, 1565, 1970/1498, 1883 and 1971/588

Textual Amendments

F170 Words in s. 73(4)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para.30(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F173Words in s. 73(6) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para.30(b), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

Marginal Citations

M131948 c. 33(101A:1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources