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

Version Superseded: 05/09/2007

Alternative versions:

Status:

Point in time view as at 03/04/2006.

Changes to legislation:

Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 28 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

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

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.

[F1An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, in respect of a child or young person.]

Textual Amendments

F1Words in Sch. 1 inserted (21.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 2; S.I. 2005/579, art. 2(b)(c)

Any offence under sections twenty-seven, . . . F2 or fifty-six of the Offences against the M1Person Act 1861, and any offence against a child or young person under sections five, . . . F3 . . . F2 of that Act. . . . F2

Textual Amendments

F2Words repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch 4

F3Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

Marginal Citations

M11861 c. 100.

[F4Common assault, or battery.] . . . F5

Textual Amendments

F4Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 8

F5Entry repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch. 4

Any offence under sections one, . . . F2 three, four, eleven or twenty-three of this Act.

[F6Any offence against a child or young person under any of sections 1 to 41, 47 to 53, 57 to 61, 66 and 67 of the Sexual Offences Act 2003, or any attempt to commit such an offence. Any offence under section 62 or 63 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence.]

Textual Amendments

F6Sch. 1: entry substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 141, Sch. 6 para. 7; S.I. 2004/874, art. 2

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

[F7SCHEDULE 2]E+W CONSTITUTION OF [F8YOUTH COURTS]

Textual Amendments

F7Sch. 2 substituted by Children and Young Persons Act 1963 (c. 37), s. 17(1), Sch. 2

F8Words 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[F9 Outside Metropolitan Area]

Textual Amendments

F9Heading 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))

[F10Youth court panels]E+W

Textual Amendments

F10Words 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 [F11petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.]

Textual Amendments

F11Words 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)))

[F12Qualification to sit as member of youth court.]E+W

Textual Amendments

F12Cross-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 [F13youth court] unless he is

[F14(a)a District Judge (Magistrates’ Courts), or

(b)a member of a [F15youth 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

F13Words 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

F14Para. (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)

F15Words 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.

[F16 Constitution by single District Judge (Magistrates’ Courts)]E+W

Textual Amendments

F16Crossheading 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)

[F172AA youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.]

Textual Amendments

F17Sch. 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)

[F18Youth court panels.]E+W

Textual Amendments

F18Crossheading 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 [F19youth court panel] shall be formed for every petty sessions area.

Textual Amendments

F19Words 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 [F20youth court panels]E+W

Textual Amendments

F20Words 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 [F21Lord Chancellor]—

(a)for the formation of a combined [F22youth court panel] for two or more petty sessions areas, or

(b)for the dissolution of any such combined [F22youth court panel],

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

Textual Amendments

F21Words in Sch. 2 para. 4 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3), Sch. 1

F22Words 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 [F23Lord Chancellor], to review the functioning of [F24youth courts] in their area and on completion of the review to submit to the [F23Lord 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

F23Words in Sch. 2 para. 5 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F24Words 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 [F25Lord Chancellor], he may [F26after consulting the Lord Chief Justice] make an order giving effect to them subject to any modifications he thinks fit [F27after consulting the Lord Chief Justice]; and

(b)where a magistrates’ courts committee fail to comply within six months with a direction of the [F25Lord Chancellor] under the preceding paragraph, or [F25Lord Chancellor] is dissatisfied with the report submitted in pursuance of such a direction, he may [F28, after consulting the Lord Chief Justice,] make such order as he thinks fit [F29, after consulting the Lord Chief Justice,] for the purposes mentioned in paragraph 4 of this Schedule.

Textual Amendments

F25Words in Sch. 2 para. 6 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F26Words in Sch. 2 para. 6(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(a)(i) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F27Words in Sch. 2 para. 6(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(a)(ii) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F28Words in Sch. 2 para. 6(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(b)(i) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F29Words in Sch. 2 para. 6(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(b)(ii) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

Effect of order establishing combined panelE+W

7Where a combined [F30youth 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 [F31youth court].

Textual Amendments

F30Words 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

F31Words 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 [F32youth court panel] for an area [F33unless the area consists of, or is wholly included in, a single commission area]

Textual Amendments

F32Words 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

F33Words 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

F348A

Textual Amendments

F34Sch. 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 [F35 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

F35Words 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 [F36Lord 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

F36Words 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 [F37Lord Chancellor] shall, before making an order, consider any representations made to him by the justices or committee, or by any [F38 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

F37Words in Sch. 2 para. 12 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F38Words 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 [F39as 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

F39Words 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[F40Youth courts] shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the [F41Lord Chancellor] may [F42, after consulting the Lord Chief Justice,] by order specify, without prejudice, however, to their jurisdiction with respect to the whole area.

Textual Amendments

F40Words 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

F41Words in Sch. 2 para. 14 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F42Words in Sch. 2 para. 14 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(3) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

15Subject to the following provisions of this Schedule—

(a)each [F43youth court]shall [F44either consist of a metropolitan stipendiary magistrate sitting alone or]consist of a chairman and two other members and F45. . . have both a man and a woman among its members;

(b)the chairman [F46(where applicable)]shall be a person nominated [F47by the Lord Chief Justice, after consulting the Lord Chancellor,] to act as chairman of [F43youth courts] for the metropolitan area and shall be either a metropolitan stipendiary magistrate or [F48a lay justice for the inner London area] selected, in such manner as may be provided by an [F49order made by the Lord Chief Justice after consulting the Lord Chancellor], from a panel of such justices from time to time nominated by him; and

(c)the other members [F50(where applicable)] shall be justices so selected from that panel.

Textual Amendments

F43Words 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

F44Words 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).

F45Word 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).

F46Words 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).

F47Words in Sch. 2 para. 15(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(4)(a) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F48Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F49Words in Sch. 2 para. 15(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(4)(b) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F50Words 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)

[F5115A(1)Where, in the the case of any sitting of a [F52youth 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 [F52youth 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

F51Sch. 2 para. 15A inserted by virtue of Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 61

F52Words 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 [F53youth court], any metropolitan stipendiary magistrate or, with the [F54consent of the Lord Chief Justice, given after consulting the Lord Chancellor,] any justice of the peace selected as aforesaid from the said panel, may act temporarily as chairman.

Textual Amendments

F53Words 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

F54Words in Sch. 2 para. 16 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(5) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

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 [F55youth 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) F56. . ..

Textual Amendments

F55Words 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

F56Words 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[F57The [F58Lord Chief Justice]], 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 [F59the [F60Lord Chief Justice, after consulting the Lord Chancellor]].

Textual Amendments

F57Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(2)

F58Words in Sch. 2 para. 18 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(6)(a) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F59Words substituted by virtue of Administration of Justice Act 1964 (c. 42), s. 12(3)

F60Words in Sch. 2 para. 18 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(6)(b) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

Modifications etc. (not altering text)

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

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F61Sch. 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 [F62Lord Chancellor] under this Schedule shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

Textual Amendments

F62Words 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.

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.

F63 F63THIRD SCHEDULEE+W

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

Textual Amendments

F63S. 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

F641(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

F64Para. 1 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6.

F652E+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

F65Para. 2 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6

Treatment of PupilsE+W

F663E+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

F66Para. 3 repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72, 73(2), Sch. 6

4—13.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

F67Ss. 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

F6814E+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

F68Para. 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 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.

Marginal Citations

M21932 c. 46.

M31908 c. 67.

M41921 c. 51.

F693E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69Sch. 5 paras. 3-15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

F704E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Sch. 5 paras. 3-15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

F715E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments