Children and Young Persons (Scotland) Act 1937

GeneralS

109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

Textual Amendments

110 Interpretation. S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is say:—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

  • “Borstal institution” means an institution established under [F3section 31 of the M1Prisons (Scotland) Act 1952];

  • F4...

  • “Child” (except [F5in [F6Parts III and IV]] of this Act) means a person under the age of fourteen years;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

  • “Court of summary jurisdiction” means the sheriff or any two or more justices of the peace or any magistrate or magistrates by whatever name called officiating under the provisions of any general or local police Act;

  • “Guardian,” in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

  • “Justice” . . . F9 includes the sheriff and any such magistrate as aforesaid;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

  • “Legal guardian” in relation to a child or young person means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;

  • F4...

  • [F11“Local authority” means a [F12council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

  • [F13“parental responsibilities” has the same meaning as in section 1(3) of the Children (Scotland) Act 1995 and includes the responsibilities which [F14 —]

    (a)

    a father would have as a parent but for the operation of section 3(1)(b) of that Act;

    (b)

    [F15a second female parent would have as a parent but for the operation of section 3(1)(d) of that Act.]]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

  • “Passage” includes common close, or common stair, or common passage;

  • [F16“place of safety” has the meaning give by section 93(1) of the Children (Scotland) Act 1995;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

  • “Prescribed” means prescribed by regulations made by the Secretary of State . . . F18;

  • “Public place” includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

  • [F20[F16“residential establishment” has the meaning given by the said section 93(1);]]

  • “Street” includes any highway and any public bridge, road, lane, footway, square, court, alley or passage whether a thoroughfare or not;

  • [F21“Training school order” has the same meaning as in the M2Social Work (Scotland) Act 1968];

  • “Young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(3)(a) For the purpose of any provision of this Act referring to a court acting for any place—

(i)a court entitled to exercise jurisdiction in any place shall be deemed to be a court acting for that place;

(ii)the sheriff court, and the justice of the peace court for any county . . . F9 shall each be deemed to be a court acting for the same place as the burgh or police court of any burgh situated in that county or area, as the case may be;

(iii)the sheriff court for any county shall be deemed to be a court acting for the same place as the justice of the peace court for that county;

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(4)References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

(5)References in this Act to any enactment or to any provision in any enactment shall, unless the context otherwise requires, be construed as references to that enactment or provision as amended by any subsequent enactment including this Act.

Textual Amendments

F3Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F12Words in s. 110(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 21; S.I. 1996/323, art. 4(1)(b)(c)

F13Definition of “parental responsibilities” inserted (1.11.1996 subject to arts. 4, 7 of the commencing S.I.) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F14Words in s. 110(1) renumbered as paragraph (a) (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(a); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)

F15Words in s. 110(1) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(b); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)

F16Definition of “place of safety” and “residential establishment” substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(b)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

Modifications etc. (not altering text)

C1Jurisdiction of justice of the peace courts, burgh courts and police courts now exercisable by district courts: District Courts (Scotland) Act 1975 (c. 20), ss. 1(1), 3(1)

C2Reference to sheriff court for a county to be construed as reference to sheriff court of a sheriffdom: Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1

Marginal Citations

M11952. c. 61.

111, 112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24S

Textual Amendments

113†Short title, commencement, extent and repeals.S

(1)This Act may be cited as the Children and Young Persons (Scotland) Act 1937.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(3)Save as therein otherwise expressly provided, this Act shall extend only to Scotland.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

Modifications etc. (not altering text)

C3Unreliable marginal note.