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Criminal Justice (Scotland) Act 1949

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69Amendment of s. 75 of the Children and Young Persons (Scotland) Act, 1937

(1)For subsection (1) of section seventy-five of the Children and Young Persons (Scotland) Act, 1937, there shall be substituted the following subsection:—

“(1)Where a court orders a child to be sent to an approved school, the order shall be an authority for his detention in an approved school until the expiry of a period of three years from the date of the order or the expiry of four months after he ceases to be of school age whichever is the later.”

(2)In the said section seventy-five as amended by this section the expression " school age " has the meaning assigned to it by section thirty-two of the Education (Scotland) Act, 1946:

Provided that—

(a)subsection (4) of that section (which extends the school age in the case of certain children requiring special educational treatment); and

(b)subsection (2) of section thirty-three of that Act (which provides that a child shall be deemed to attain any given age on the fixed date for commencing or for terminating attendance next following the day on which he actually attains that age)

shall not apply.

(3)The provisions of the said section seventy-five shall apply as amended by this section to any approved school order made before the commencement of this Act if the period during which the person to whom it relates could be detained thereunder apart from the provisions of this section has not expired at the commencement of this Act.

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