SCHEDULES
C1FIRST SCHEDULE Offences against Children and Young Persons, with respect to which Special Provisions of this Act apply
Words in Sch. 1 inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 6; S.I. 2024/31, reg. 2
Words 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)
Words repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch 4
Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16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Entry repealed by Sexual Offences Act 1956 (c. 69), s. 52, Sch. 4
Sch. 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
Words in Sch. 1 omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 1(2); S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
Words in Sch. 1 inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 13; S.I. 2024/31, reg. 2
Words in Sch. 1 substituted (12.4.2019) by Voyeurism (Offences) Act 2019 (c. 2), ss. 1(5), 2(2)
Words in Sch. 1 omitted (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 1(3); S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
Words in Sch. 1 inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 1(4); S.I. 2015/1476, reg. 2(j) (with regs. 3, 8)
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.
F83 An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the suicide of a child or young person.
F92An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.
F1An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, in respect of a child or young person.
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..
F4Common assault, or battery.F5...
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, F85... 61, 66 F93, 66A, 66BF88, 67 and 67A 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.
F86...
F87An offence against a child or young person under section 2 of the Modern Slavery Act 2015 (human trafficking), or any attempt to commit such an offence.
Any other offence involving bodily injury to a child or young person.
F84SCHEDULE 1AProhibition on publication of certain matters: providers of information society services
Sch. 1A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 15 para. 1; S.I. 2015/778, art. 3, Sch. 1 para. 81 (with Sch. 2 para. 5)
Domestic service providers: extension of liability
F891
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Non-UK service providers: restriction on institution of proceedings
F902
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Exceptions for mere conduits
3
1
A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in—
a
the provision of access to a communication network, or
b
the transmission in a communication network of information provided by a recipient of the service,
if the condition in sub-paragraph (2) is satisfied.
2
The condition is that the service provider does not—
a
initiate the transmission,
b
select the recipient of the transmission, or
c
select or modify the information contained in the transmission.
3
For the purposes of sub-paragraph (1)—
a
the provision of access to a communication network, and
b
the transmission of information in a communication network,
includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
4
Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
4
1
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
2
The service provider is not capable of being guilty of an offence under section 39 in respect of the automatic, intermediate and temporary storage of information so provided, if—
a
the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
b
the condition in sub-paragraph (3) is satisfied.
3
The condition is that the service provider—
a
does not modify the information,
b
complies with any conditions attached to having access to the information, and
c
where sub-paragraph (4) applies, expeditiously removes the information or disables access to it.
4
This sub-paragraph applies if the service provider obtains actual knowledge that—
a
the information at the initial source of the transmission has been removed from the network,
b
access to it has been disabled, or
c
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
Exception for hosting
5
1
A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied.
2
This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 39.
3
This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it.
4
Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Interpretation
6
1
This paragraph applies for the purposes of this Schedule.
2
“Publication” has the meaning given in section 39.
3
“Information society services”—
a
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
b
is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”,
and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
4
“Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
5
“Service provider” means a person providing an information society service.
F916
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F8F8C2C3C4F7SCHEDULE 2
Sch. 2 repealed (5.9.2007) by Courts Act 2003 (c. 39), ss. 50(2), 109(3), 110, Sch. 10; S.I. 2007/2706, art. 1
Sch. 2 substituted by Children and Young Persons Act 1963 (c. 37), s. 17(1), 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 IF56 Outside Metropolitan Area
Heading 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))
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 F29petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.
F31Qualification to sit as member of youth court.
Cross-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)
X12
A justice shall not be qualified to sit as a member of a F32youth court unless he is
F33a
a District Judge (Magistrates’ Courts), or
b
a member of a F34youth court panel, that is to say, a panel of justices specially qualified to deal with juvenile cases.
F57 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)
F582A
A youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.
F35Youth 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 F36youth court panel shall be formed for every petty sessions area.
Combined F46youth 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 F37Lord Chancellor—
a
for the formation of a combined F38youth court panel for two or more petty sessions areas, or
b
for the dissolution of any such combined F38youth 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 F39Lord Chancellor, to review the functioning of F40youth courts in their area and on completion of the review to submit to the F39Lord 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
b
where a magistrates’ courts committee fail to comply within six months with a direction of the F41Lord Chancellor under the preceding paragraph, or F41Lord Chancellor is dissatisfied with the report submitted in pursuance of such a direction, he may F44, after consulting the Lord Chief Justice, make such order as he thinks fit F45, after consulting the Lord Chief Justice, for the purposes mentioned in paragraph 4 of this Schedule.
Effect of order establishing combined panel
7
Restrictions on formation of combined panels
C88
F518A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C99
An order under this Schedule providing for the formation of a combined F52 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 F53Lord 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 F54Lord Chancellor shall, before making an order, consider any representations made to him by the justices or committee, or by any F55 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 F59as 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
F60Youth courts shall be constituted for the whole of the metropolitan area but shall sit for such divisions and in such places as the F61Lord Chancellor may F62, after consulting the Lord Chief Justice, by order specify, without prejudice, however, to their jurisdiction with respect to the whole area.
C1015
Subject to the following provisions of this Schedule—
a
b
the chairman F66(where applicable)shall be a person nominated F69by the Lord Chief Justice, after consulting the Lord Chancellor, to act as chairman of F63youth courts for the metropolitan area and shall be either a metropolitan stipendiary magistrate or F67a lay justice for the inner London area selected, in such manner as may be provided by an F70order 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 F68(where applicable) shall be justices so selected from that panel.
F7115A
1
Where, in the the case of any sitting of a F72youth 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 F72youth 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 F73youth court, any metropolitan stipendiary magistrate or, with the F74consent 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.
C1217
C1318
F77The F79Lord 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 F78the F80Lord Chief Justice, after consulting the Lord Chancellor.
19F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III General
20
An order of the F82Lord 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.
F9F9THIRD 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
F101
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.
F112
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
F123
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
C5F1414
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.
F153
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F164
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F175
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F186
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F197
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F208
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F219
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F2210
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F2311
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F2412
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F2513
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F2614
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F2715
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F28F28SIXTH SCHEDULE
S. 109(2)(4) and Sch. 6 repealed by Statute Law Revision Act 1950 (c. 6)
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Words in Sch. 1 inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 53 (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)