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Children and Young Persons Act 1963
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Changes to legislation:
Children and Young Persons Act 1963, Section 40 is up to date with all changes known to be in force on or before 19 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.
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Changes and effects yet to be applied to Section 40:
- s. 40(1) words repealed by 2003 c. 44 Sch. 37 Pt. 9
- s. 40(2) words repealed by 2003 c. 44 Sch. 37 Pt. 9
40 Offences.E+W+S
(1)If any person—
(a)causes or procures any child or, being his parent or guardian, allows him, to [F1do anything] in contravention of section 37 of this Act; or
(b)fails to observe any condition subject to which a licence under that section is granted, or any condition prescribed under subsection (3) of that section; or
(c)knowingly or recklessly makes any false statement in or in connection with an application for a licence under that section;
he shall be liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale]or imprisonment for a term not exceeding three months or both.
(2)If any person fails to keep or produce any record which he is required to keep or produce under section 39 of this Act, he shall be liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale]or imprisonment for a term not exceeding three months or both.
(3)The court by which the holder or one of the holders of a licence under section 37 of this Act is convicted of an offence under this section may revoke the licence.
(4)In any proceedings for an offence under this section alleged to have been committed by causing, procuring or allowing a child to take part in a performance without a licence under section 37 of this Act it shall be a defence to prove that the accused believed that the condition specified in paragraph (a) of subsection (3) of that section was satisfied and that he had reasonable grounds for that belief.
Textual Amendments
F1Words in s. 40(1)(a) substituted (4.8.1998) by S.I. 1998/276, reg. 15
F2Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
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