12(1)Where a supervision order under the Children and Young Persons Acts 1933 to 1963 is in force on the date when this paragraph comes into force or where an order under section 52 of the Act of 1963 (whether made before, on or after that date) falls to be treated by virtue of subsection (3) of that section as a supervision order under the Act of 1933, the order and, in relation to the order, any enactment amended or repealed by this Act shall, subject to the following provisions of this paragraph, have effect as if this Act had not been passed; and the order may be altered or revoked accordingly.
(2)A [F1youth court] before which the person to whom such a supervision order relates is brought after the date aforesaid in pursuance of subsection (1) of section 66 of this Act of 1933 shall not have power to make such an order as is mentioned in that subsection in respect of him but shall instead have power to revoke the supervision order and make a care order in respect of him on being satisified that he is unlikely to receive the care or control he needs unless the court makes a care order; and section 6(1) of the Act of 1963 shall not apply in a case where the court exercises its power under this sub-paragraph.
(3)Where such a supervision order contains a provision requiring residence in an institution which has becote me a community home, the provision shall be construed as requiring residence in the home; and in such a case any reference to an institution of the kind in question in rules under the [F2M1Powers of Criminal Courts Acts 1973] providing for the making of payments to the body or person by whom the institution is managed shall be construed as a reference to the home.
(4)References to a supervision order in sub-paragraphs (2) and (3) of this paragraph include references to an order under the said section 52.
Textual Amendments
F1Words in Sch. 4 para. 12(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100, Sch. 11, para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2.
F2Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 5 para. 36
Marginal Citations
M11973 c. 62(39:1).