Children and Young Persons (Scotland) Act 1937

General S

109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Ss. 59(1), 60, 61, 65, 66, 68–81, 83–85, 87(6), 88–98, 101(5)(6), 106, 107(2), 109, 111, 112, Schs. 2, 3 repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I

110 Interpretation. S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is say:—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “Borstal institution” means an institution established under [F3 section 31 of the M1 Prisons (Scotland) Act 1952];

• “Certificate,” “exciseable liquor,” and “permitted hours” have the like meaning as in the Licensing (Scotland) Acts, 1903 to 1923;

• “Child” (except [F4 in [F5 Parts III and IV]] of this Act) means a person under the age of fourteen years;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

• “Court of summary jurisdiction” means the sheriff or any two or more justices of the peace or any magistrate or magistrates by whatever name called officiating under the provisions of any general or local police Act;

• “Guardian,” in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• “Justice” . . . F8 includes the sheriff and any such magistrate as aforesaid;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

• “Legal guardian” in relation to a child or young person means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;

• “Licensed premises” means premises for which a certificate within the meaning of the Licensing (Scotland) Acts, 1903 to 1923, is held, and “bar” in relation to any licensed premises means any open drinking bar or any part of the premises exclusively or mainly used for the sale and consumption of exciseable liquor;

• [F10 “Local authority” means a [F11 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

• [F12 “parental responsibilities” has the same meaning as in section 1(3) of the Children (Scotland) Act 1995 and includes the responsibilities which a father would have as a parent but for the operation of section 3(1)(b) of that Act;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• “Passage” includes common close, or common stair, or common passage;

• [F13 “place of safety” has the meaning give by section 93(1) of the Children (Scotland) Act 1995;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• “Prescribed” means prescribed by regulations made by the Secretary of State . . . F15 ;

• “Public place” includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

• [F17 [F13 “residential establishment” has the meaning given by the said section 93(1);]]

• “Street” includes any highway and any public bridge, road, lane, footway, square, court, alley or passage whether a thoroughfare or not;

• [F18 “Training school order” has the same meaning as in the M2 Social Work (Scotland) Act 1968];

• “Young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(3) (a) For the purpose of any provision of this Act referring to a court acting for any place—

(i) a court entitled to exercise jurisdiction in any place shall be deemed to be a court acting for that place;

(ii) the sheriff court, and the justice of the peace court for any county . . . F8 shall each be deemed to be a court acting for the same place as the burgh or police court of any burgh situated in that county or area, as the case may be;

(iii) the sheriff court for any county shall be deemed to be a court acting for the same place as the justice of the peace court for that county;

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(4) References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

(5) References in this Act to any enactment or to any provision in any enactment shall, unless the context otherwise requires, be construed as references to that enactment or provision as amended by any subsequent enactment including this Act.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Definitions repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I

F3 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F4 Words substituted by Education (Scotland) Act 1945 (c. 37), Sch. 4

F5 Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10

F6 Definition repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 9 para. 12

F7 Definitions repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I

F8 Words repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I

F9 Definition repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F10 Definition substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 81(a)

F11 Words in s. 110(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 21; S.I. 1996/323, art. 4(1)(b)(c)

F12 Definition of “parental responsibilities” inserted (1.11.1996 subject to arts. 4, 7 of the commencing S.I.) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F13 Definition of “place of safety” and “residential establishment” substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(b)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F14 Definition repealed by Police (Scotland) Act 1967 (c. 77), s. 52, Sch. 5 Pt. II

F15 Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.

F16 Definition repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 9 para. 12

F17 Definition added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10

F18 Definition inserted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10

F19 S. 110(2)(3)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F20 S. 110(3)(a)(iv) repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I

Modifications etc. (not altering text)

C1 Jurisdiction of justice of the peace courts, burgh courts and police courts now exercisable by district courts: District Courts (Scotland) Act 1975 (c. 20), ss. 1(1), 3(1)

C2 Reference to sheriff court for a county to be construed as reference to sheriff court of a sheriffdom: Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1

C3 The text of these definitions, now spent, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.91

Marginal Citations

M1 1952. c. 61.

M2 1968 c. 49.

111, 112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F21 Ss. 59(1), 60, 61, 65, 66, 68–81, 83–85, 87(6), 88–98, 101(5)(6), 106, 107(2), 109, 111, 112, Schs. 2, 3 repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I

113 †Short title, commencement, extent and repeals. S

(1) This Act may be cited as the Children and Young Persons (Scotland) Act 1937.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(3) Save as therein otherwise expressly provided, this Act shall extend only to Scotland.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F22 S. 113(2)(4), Sch. 4 repealed by Statute Law Revision Act 1950 (c. 6)

Modifications etc. (not altering text)

C4 Unreliable marginal note.