Changes over time for: Children and Young Persons Act 1933 (Schedules only)

Version Superseded: 01/05/2004

Alternative versions:

Status:

Point in time view as at 31/08/2000.

Changes to legislation:

Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 27 April 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.

Changes to Legislation

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SCHEDULES

Sections 13, 14, 15, 40, 41, 42, 43, 63, 67, 99 and 108.

FIRST SCHEDULEE+W Offences against Children and Young Persons, with respect to which Special Provisions of this Act apply

Modifications etc. (not altering text)

C1Sch. 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

Textual Amendments

F1Words repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch 4

F2Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

Marginal Citations

M11861 c. 100.

[F3Common assault, or battery.] . . . F4

Textual Amendments

F3Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 8

F4Entry repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch. 4

Any offence under sections one, . . . F1 three, four, eleven or twenty-three of this Act.

[F5Any offence against a child or young person under any of the following sections of the M2Sexual 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 M3Sexual Offences Act 1956, and attempts to commit offences under sections ten, eleven, and twelve of that Act.]

Textual Amendments

F5Words inserted by Sexual Offences Act 1956 (c. 69), Sch. 3

Marginal Citations

M21956 c. 69.

M31956 c. 69.

Any other offence involving bodily injury to a child or young person.

[F6SCHEDULE 2]E+W CONSTITUTION OF [F7YOUTH COURTS]

Textual Amendments

F6Sch. 2 substituted by Children and Young Persons Act 1963 (c. 37), s. 17(1), Sch. 2

F7Words 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

Modifications etc. (not altering text)

C2Sch. 2 amended by S.I. 1985/1383, art. 3(6)

C3References to the metropolitan stipendiary court area amended by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 12(1)

C4Functions 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 IE+W[F8 Outside Metropolitan Area]

Textual Amendments

F8Heading in Sch. 2 Pt. I repealed (prosp.) by 1999 c. 22, ss. 77(1)(2), 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 para. 7(2), 36(9))

[F9Youth court panels]E+W

Textual Amendments

F9Words 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

1The following provisions of this Part of this Schedule shall have effect as respects [F10petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.]

Textual Amendments

F10Words in Sch. 2 para. 1 substituted (27.9.1999) by 1999 c. 22, ss. 76(2), 108(3)(c), Sch. 10 para. 16(2) (with Sch. 14 para. 7(2)) (which substitution fell (prosp.) by reason of the repeal of Sch. 10 para. 16(2) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 paras. 7(2), 36(9)))

[F11Qualification to sit as member of youth court.]E+W

Textual Amendments

F11Cross-heading before Sch. 2 para. 2 inserted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 12(1)(2) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

X12A justice shall not be qualified to sit as a member of a [F12youth court] unless he is

[F13(a)a District Judge (Magistrates’ Courts), or

(b)a member of a [F14youth court panel], that is to say, a panel of justices specially qualified to deal with juvenile cases.]

Editorial Information

X1The insertion of the new heading "Qualification to sit as member of youth court" in Sch. 2 Pt. I on 31.8.2000 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F12Words in Sch. 2 para. 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

F13Para. (a) inserted and words renumbered as para. (b) in Sch. 2 para. 2 (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 12(3) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F14Words in Sch. 2 para. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(1)(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

[F15 Constitution by single District Judge (Magistrates’ Courts)]E+W

Textual Amendments

F15Crossheading 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)

[F162AA youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.]

Textual Amendments

F16Sch. 2 para. 2A 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)

[F17Youth court panels.]E+W

Textual Amendments

F17Crossheading 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)

3Subject to the following provisions of this Part of this Schedule, a [F18youth court panel] shall be formed for every petty sessions area.

Textual Amendments

F18Words in Sch. 2 para. 3 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.

Modifications etc. (not altering text)

C5Sch. 2 para. 3 excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 28(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

Combined [F19youth court panels]E+W

Textual Amendments

F19Words 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

4A magistrates’ courts committee may make recommendations to the [F20Lord Chancellor]—

(a)for the formation of a combined [F21youth court panel] for two or more petty sessions areas, or

(b)for the dissolution of any such combined [F21youth court panel],

if the committee’s area comprises at least one of the petty sessions areas concerned.

Textual Amendments

F20Words in Sch. 2 para. 4 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3), Sch. 1

F21Words in Sch. 2 para. 4 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

5It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the [F22Lord Chancellor], to review the functioning of [F23youth courts] in their area and on completion of the review to submit to the [F22Lord 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.

Textual Amendments

F22Words in Sch. 2 para. 5 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F23Words in Sch. 2 para. 5 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.

6Subject to the provisions of this Schedule—

(a)where a magistrates’ courts committee make such recommendations to the [F24Lord 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 [F24Lord Chancellor] under the preceding paragraph, or [F24Lord 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.

Textual Amendments

F24Words in Sch. 2 para. 6 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

Effect of order establishing combined panelE+W

7Where a combined [F25youth court panel]is formed for any petty sessions areas any justice who is a member of the panel may exercise in relation to each of the areas any jurisdiction exercisable by him as a member of a [F26youth court].

Textual Amendments

F25Words in Sch. 2 para. 7 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

F26Words in Sch. 2 para. 7 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

Restrictions on formation of combined panelsE+W

8No order under this Schedule shall provide for the formation of a combined [F27youth court panel] for an area [F28unless the area consists of, or is wholly included in, a single commission area]

Textual Amendments

F27Words in Sch. 2 para. 8 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

F28Words substituted for words and paras. (a)(b) in Sch. 2 para. 8 (27.9.1999) by 1999 c. 22, ss. 76(2), 108(3)(c), Sch. 10 paras. 14, 16(3) (with Sch. 14 para. 7(2))

Modifications etc. (not altering text)

C6Sch. 2 para. 8 amended (1.4.1996) by: S.I. 1996/674, reg. 2, Sch. Pt. II para. 5(2)(k); S.I. 1996/675, art. 2, Sch. Pt. II para. 7(2)(k)

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

F298A

Textual Amendments

F29Sch. 2 para. 8A repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(iii)

9An order under this Schedule providing for the formation of a combined [F30 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.

Textual Amendments

F30Words in Sch. 2 para. 9 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

Modifications etc. (not altering text)

C7Sch. 2 para. 9 restricted (conditionally) (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 28(2) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i) (which restriction fell (prosp.) by reason of the repeal of Sch. 14 para. 28(2) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)))

Consultations and noticesE+W

10A 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.

11Where the [F31Lord 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.

Textual Amendments

F31Words in Sch. 2 para. 11 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3)

12Where 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 [F32Lord Chancellor] shall, before making an order, consider any representations made to him by the justices or committee, or by any [F33 youth court panel] concerned, within one month from the time the notice was given or the copy of the proposed order was sent.

Textual Amendments

F32Words in Sch. 2 para. 12 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F33Words in Sch. 2 para. 12 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

Part IIE+W Metropolitan Area

13The following provisions of this Part of this Schedule shall have effect [F34as 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).

Textual Amendments

F34Words in Sch. 2 para. 13 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 paras. 14, 16(4) (with Sch. 14 para. 7(2)) (which substitution fell (prosp.) by reason of the repeal of Sch. 10 para. 16(4) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 paras. 7(2), 36(9)))

14[F35Youth courts] shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the [F36Lord Chancellor] may by order specify, without prejudice, however, to their jurisdiction with respect to the whole area.

Textual Amendments

F35Words in Sch. 2 para. 14 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

F36Words in Sch. 2 para. 14 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

15Subject to the following provisions of this Schedule—

(a)each [F37youth court]shall [F38either consist of a metropolitan stipendiary magistrate sitting alone or]consist of a chairman and two other members and F39. . . have both a man and a woman among its members;

(b)the chairman [F40(where applicable)]shall be a person nominated by [F41the Lord Chancellor] to act as chairman of [F37youth courts] for the metropolitan area and shall be either a metropolitan stipendiary magistrate or [F42a lay justice for the inner London area] selected, in such manner as may be provided by an order of [F41the Lord Chancellor], from a panel of such justices from time to time nominated by him; and

(c)the other members [F43(where applicable)] shall be justices so selected from that panel.

Textual Amendments

F37Words in Sch. 2 para. 15(a)(b) 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

F38Words in Sch. 2 para. 15(a) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(a); S.I. 1998/2327, art. 2(1)(k).

F39Word in Sch. 2 para. 15(a) repealed (30.9.1998) by 1998 c. 37, ss. 48(1)(a), 120(2), Sch. 10; S.I. 1998/3237, art. 2(1)(k)(3)(g).

F40Words in Sch. 2 para. 15(b) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(b); S.I. 1998/2327, art. 2(1)(k).

F41Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

F42Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F43Words in Sch. 2 para. 15(c) inserted (30.9.1998) by 1998 c. 37, s. 48(1)(c); S.I. 1998/2327, art. 2(1)(k).

Modifications etc. (not altering text)

C8Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

[F4415A(1)Where, in the the case of any sitting of a [F45youth 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 [F45youth 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.]

Textual Amendments

F44Sch. 2 para. 15A inserted by virtue of Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 61

F45Words in Sch. 2 para. 15A 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

16If 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 [F46youth court], any metropolitan stipendiary magistrate or, with the consent of [F47the Lord Chancellor] any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.

Textual Amendments

F46Words in Sch. 2 para. 16 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

F47Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

Modifications etc. (not altering text)

C9Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

17Where it appears to the chairman that a [F48youth court] cannot, without adjournment, be fully constituted, and that an adjournment would not be in the interests of justice, the chairman may sit with one other member (whether a man or a woman) F49. . ..

Textual Amendments

F48Words in Sch. 2 para. 17 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

F49Words in Sch. 2 para. 17 repealed (30.9.1998) by 1998 c. 37, ss. 48(2), 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(k)(3)(g).

Modifications etc. (not altering text)

C10Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

18[F50The 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 [F51the Lord Chancellor].

Textual Amendments

F50Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F51Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

Modifications etc. (not altering text)

C11Power to amend paras. 15-18 conferred by Magistrates' Courts Act 1980 (c. 43), ss. 146(4), 155(7)

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F52Sch. 2 para. 19 repealed by virtue of Administration of Justice Act 1964 (c. 42, SIF 82), s. 48(1), Sch. 5

Part IIIE+W General

20An order of the [F53Lord Chancellor] under this Schedule shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

Textual Amendments

F53Words in Sch. 2 para. 20 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3)

21Any such order may contain supplementary, incidental and consequential provisions.

Valid from 03/04/2006

22The 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.

F54 F54THIRD SCHEDULEE+W

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

Textual Amendments

F54S. 60 and Sch. 3 repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6

Sections 81 and 106.

FOURTH SCHEDULEE+W Provisions as to Administration of Approved Schools and Treatment of Persons sent thereto

Modifications etc. (not altering text)

C12Sch. 4 (except paras. 1-3, 7, 14) extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)

General ProvisionsE+W

F551(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.E+W

(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.

Textual Amendments

F55Para. 1 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6.

F562E+WNo 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.

Textual Amendments

F56Para. 2 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6

Treatment of PupilsE+W

F573E+WA 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.

Textual Amendments

F57Para. 3 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6

4—13.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Textual Amendments

F58Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

Superannuation of OfficersE+W

F5914E+WThe 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.

Textual Amendments

F59Para. 14 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6

Modifications etc. (not altering text)

C13Para 14 extended by Superannuation (Miscellaneous Provisions) Act 1948 (c. 33), s. 14

Section 103.

FIFTH SCHEDULEE+W Transitory Provisions

1E+WAny 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.

2E+WAny rule, byelaw, warrant or licence under any enactment repealed either by the M4Children 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 M5Children 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 M6Education Act 1921, with respect to street trading.

Marginal Citations

M41932 c. 46.

M51908 c. 67.

M61921 c. 51.

F603E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60Sch. 5 paras. 3-15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

F614E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61Sch. 5 paras. 3-15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

F625E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments