SCHEDULES
C1FIRST SCHEDULE Offences against Children and Young Persons, with respect to which Special Provisions of this Act apply
Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16
Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 8
Entry repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch. 4
Words inserted by Sexual Offences Act 1956 (c. 69), Sch. 3
Sch. 1 extended by Indecency with Children Act 1960 (c. 33), s. 1(3) and Suicide Act 1961 (c. 60), Sch. 1 Pt. I
The murder or manslaughter of a child or young person.
Infanticide.
Any offence under sections twenty-seven, . . . F1 or fifty-six of the Offences against the M1Person Act 1861, and any offence against a child or young person under sections five, . . . F2 . . . F1 of that Act. . . . F1
F3Common assault, or battery. . . . F4
Any offence under sections one, . . . F1 three, four, eleven or twenty-three of this Act.
F26Any offence against a child or young person under any of the following sections of the M5Sexual Offences Act 1956, that is to say sections two to seven, ten to sixteen, nineteen, twenty, twenty-two to twenty-six and twenty-eight, and any attempt to commit against a child or young person an offence under section two, five, six, seven, ten, eleven, twelve, twenty-two or twenty-three of that Act: Provided that for the purposes of subsection (2) of section ninety-nine of this Act this entry shall apply so far only as it relates to offences under sections ten, eleven, twelve, fourteen, fifteen, sixteen, twenty and twenty-eight of the M6Sexual Offences Act 1956, and attempts to commit offences under sections ten, eleven, and twelve of that Act.
Any other offence involving bodily injury to a child or young person.
F5C2C3C4SCHEDULE 2 CONSTITUTION OF F70YOUTH COURTS
Sch. 2 substituted by Children and Young Persons Act 1963 (c. 37), s. 17(1), Sch. 2
Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2
Sch. 2 amended by S.I. 1985/1383, art. 3(6)
References to the metropolitan stipendiary court area amended by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 12(1)
Functions of the Secretary of State in Sch. 2 transferred (1.4.1992) to the Lord Chancellor by virtue of S.I. 1992/709, art. 2(1)(c), Sch. 1.
Sch. 2 modified (temp. from 19.7.2000) by S.I. 2000/1920, art. 4
Part I Outside Metropolitan Area
F30Youth court panels
Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2
1
The following provisions of this Part of this Schedule shall have effect as respects F27petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.
X12
F48 Constitution by single District Judge (Magistrates’ Courts)
Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)
F492A
A youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.
F31Youth court panels.
Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)
C73
Subject to the following provisions of this Part of this Schedule, a F32youth court panel shall be formed for every petty sessions area.
Combined F38youth court panels
Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch.2
4
A magistrates’ courts committee may make recommendations to the F33Lord Chancellor—
a
for the formation of a combined F34youth court panel for two or more petty sessions areas, or
b
for the dissolution of any such combined F34youth court panel,
if the committee’s area comprises at least one of the petty sessions areas concerned.
5
It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the F35Lord Chancellor, to review the functioning of F36youth courts in their area and on completion of the review to submit to the F35Lord Chancellor either a report making such recommendations as are mentioned in paragraph 4 of this Schedule or a report giving reasons for making no such recommendations.
6
Subject to the provisions of this Schedule—
a
where a magistrates’ courts committee make such recommendations to the F37Lord Chancellor, he may make an order giving effect to them subject to any modifications he thinks fit; and
b
where a magistrates’ courts committee fail to comply within six months with a direction of the F37Lord Chancellor under the preceding paragraph, or F37Lord Chancellor is dissatisfied with the report submitted in pursuance of such a direction, he may make such order as he thinks fit for the purposes mentioned in paragraph 4 of this Schedule.
Effect of order establishing combined panel
7
Restrictions on formation of combined panels
C88
F438A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C99
An order under this Schedule providing for the formation of a combined F44 youth court panel for an area which comprises a borough having a separate magistrates’ courts committee shall not be made except with the consent of every magistrates’ courts committee the whole or part of whose area is included in the area for which the combined panel is formed.
Consultations and notices
10
A magistrates’ courts committee, before submitting recommendations for an order under this Schedule, shall consult and, when submitting any such recommendations, shall give notice to—
a
the justices acting for any petty sessions area concerned which is within the committee’s area (except where the committee’s area is a borough); and
b
any other magistrates’ courts committee the whole or part of whose area is concerned;
and shall also consult the said justices before commenting on any recommendations on which they are consulted under this paragraph by another magistrates’ courts committee.
11
Where the F45Lord Chancellor proposes to make an order under this Schedule in a case where either no recommendations have been made to him or the proposed order departs from the recommendations made to him, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to the justices acting for any petty sessions area concerned.
12
Where notice of recommendations or a copy of a proposed order is required to be sent under the preceding paragraphs to any justices or committee, the F46Lord Chancellor shall, before making an order, consider any representations made to him by the justices or committee, or by any F47 youth court panel concerned, within one month from the time the notice was given or the copy of the proposed order was sent.
Part II Metropolitan Area
13
The following provisions of this Part of this Schedule shall have effect F50as respects the area consisiting of the petty sessions areas falling wholly or partly within the area consisting of the inner Londodn boroughs and the City of London (in this Part of this Schedule referred to as the metropolitan area).
14
C1015
Subject to the following provisions of this Schedule—
a
b
the chairman F56(where applicable)shall be a person nominated by F57the Lord Chancellor to act as chairman of F53youth courts for the metropolitan area and shall be either a metropolitan stipendiary magistrate or F58a lay justice for the inner London area selected, in such manner as may be provided by an order of F57the Lord Chancellor, from a panel of such justices from time to time nominated by him; and
c
the other members F59(where applicable) shall be justices so selected from that panel.
F6015A
1
Where, in the the case of any sitting of a F61youth court, a person nominated under paragraph 15(b)of this Schedule—
a
is available to act as chairman; but
b
considers that it would be appropriate for another member of the court to act as chairman,
he may nominate that member to act as chairman at that sitting.
2
A member of a F61youth court nominated to act as chairman under sub-paragraph (1) shall only so act while the person making the nomination continues to sit as a member of the court.
C1116
If at any time, by reason of illness or other emergency, no person nominated under paragraph 15(b) of this Schedule is available to act as chairman of a F62youth court, any metropolitan stipendiary magistrate or, with the consent of F63the Lord Chancellor any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.
C1217
C1318
F66The Lord Chancellor, in nominating any persons under this Part of this Schedule shall have regard to the previous experience of the persons available and their special qualifications for dealing with juvenile cases; and every such nomination shall be for a specified period and shall be revocable by F67the Lord Chancellor.
19F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III General
20
An order of the F69Lord Chancellor under this Schedule shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.
21
Any such order may contain supplementary, incidental and consequential provisions.
22
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this Schedule.
F6F6THIRD SCHEDULE
S. 60 and Sch. 3 repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6
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C6FOURTH SCHEDULE Provisions as to Administration of Approved Schools and Treatment of Persons sent thereto
Sch. 4 (except paras. 1-3, 7, 14) extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)
General Provisions
F71
1
The Secretary of State may make rules for the management and discipline of approved schools, and different rules may be made as respects different schools or classes of school.
2
The managers of an approved school may make supplementary rules for the management and discipline of the school, but rules so made shall not have effect unless approved by the Secretary of State.
F82
No substantial addition to, or diminution or alteration of, the buildings or grounds of an approved school shall be made without the approval in writing of the Secretary of State.
Treatment of Pupils
F93
A minister of the religious persuasion to which a person in an approved school belongs may visit him at the school on such days, at such times, and on such conditions, as may be fixed by rules made by the Secretary of State for the purpose of affording him religious assistance and instruction.
4
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Superannuation of Officers
C5F1114
The Managers of any approved school may, as part of the expenses of the management of the school, pay, or contribute towards the payment of—
a
a superannuation allowance or gratuity—
i
to any officer who retires by reason of old age or permanent infirmity of mind or body;
ii
to any officer, who, in accordance with the terms of his appointment, is required to vacate his office by reason of the death, or the retirement on account of old age or permanent infirmity, of another officer.
b
a gratuity to any dependant of an officer who has died in the service of the school:
Provided that no payment or contribution in respect of any such superannuation allowance or gratuity shall be made unless it is made in accordance with rules approved by the Secretary of State with the concurrence of the Treasury for regulating the grant of such allowances and gratuities, or unless it is specially sanctioned by the Secretary of State.
FIFTH SCHEDULE Transitory Provisions
1
Any Order in Council, order, or regulation made, any certificate given, any deposition taken, and anything done, under any enactment repealed by this Act shall, for the purposes of this Act, be deemed to have been made, given, taken or done, under the corresponding provisions of this Act.
2
Any rule, byelaw, warrant or licence under any enactment repealed either by the M2Children and Young Persons Act 1932 (hereinafter referred to as the Act of 1932) or by this Act and re-enacted, with or without modifications, by this Act shall have the like effect, and the like proceedings may be had thereon and in respect thereof, as if it had been made, made and confirmed, or granted, under this Act:
Provided that this paragraph shall not apply to rules made under section fifty-four of the M3Children Act 1908 (hereinafter referred to as the Act of 1908) for the management and discipline of a certified school or to byelaws made under section ninety-one of the M4Education Act 1921, with respect to street trading.
F123
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F134
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F145
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F156
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F167
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F178
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F189
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F1910
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F2011
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F2112
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F2213
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F2314
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F2415
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F25F25SIXTH SCHEDULE
S. 109(2)(4) and Sch. 6 repealed by Statute Law Revision Act 1950 (c. 6)
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Words repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch 4