Administration of Justice Act 1970

51 Minor amendments of Children and Young Persons Act 1969 (c. 54)

(1) In sections 2(4) and 104 of the Act of 1952 the references to sections 20 and 21 of that Act (which are repealed by the Act of 1969 and replaced by section 6 of that Act) shall be construed as references to the said section 6; and for the purposes of section 126(5) of the Act of 1952 and section 70(3) of the Act of 1969 (which relate to proof of age) the said section 6 shall be deemed to be a provision of the Act of 1952 and not the Act of 1969.

(2) The following paragraph shall be inserted after paragraph 1 of Schedule 4 to the Act of 1969 (transitional provisions and savings)—

“1A (1) Where—

(a) before the date when section 1 of this Act comes into force any child or young person (hereafter in this paragraph referred to as " the relevant infant ") has been brought before a juvenile court under section 62 of the [1933 c. 12.] Children and Young Persons Act 1933 or has been brought before such a court by virtue of a provision of section 40 or 40A of the [1944 c. 31.] Education Act 1944 ; and

(b) immediately before that date that court has neither made any order which it had power to make in respect of the relevant infant under the said section 62 nor dissmissed the case,

nothing in paragraph 13 of Schedule 5 to this Act nor in any provision of Schedule 6 thereto shall prevent the proceedings before that court in respect of the relevant infant being continued; but the court shall in those proceedings have power to make any order which it has power to make in proceedings under section 1 of this Act and shall not have power to make any other order, and subsections (3), (4) and (5) of the said section 1 and subsections (10) and (13) of section 2 of this Act shall have effect accordingly with any necessary modifications.

(2) For the purposes of subsection (12) of the said section 2, any order made in respect of the relevant infant by virtue of sub-paragraph (1) of this paragraph shall be deemed to be made under section 1 of this Act.

(3) Any record of a finding of the fact that the relevant infant is in need of care or protection made in pursuance of section 5 of the [1938 c. 40.] Children and Young Persons Act 1938 in any such proceedings as are referred to in sub-paragraph (1) of this paragraph shall, notwithstanding the repeal of the said section 5 by this Act, be admissible as evidence of that fact in those proceedings.”

(3) In this section " the Act of 1952 " and " the Act of 1969 " mean respectively the [1952 c. 55.] Magistrates' Courts Act 1952 and the [1969 c. 54.] Children and Young Persons Act 1969.