(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is say:—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
“Borstal institution” means an institution established under [F2section 31 of the M1Prisons (Scotland) Act 1952];
F3...
“Child” (except [F4in [F5Parts 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;
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“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;
F3...
[F10“Local authority” means a [F11council 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 [F13 —]
a father would have as a parent but for the operation of section 3(1)(b) of that Act;
[F14a second female parent would have as a parent but for the operation of section 3(1)(d) of that Act.]]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
“Passage” includes common close, or common stair, or common passage;
[F15“place of safety” has the meaning give by section 93(1) of the Children (Scotland) Act 1995;]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
“Prescribed” means prescribed by regulations made by the Secretary of State . . . F17;
“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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
[F19[F15“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;
[F20“Training school order” has the same meaning as in the M2Social 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
(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.
Textual Amendments
F1Definitions repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F2Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F3Words in s. 110 repealed (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 2 (with art. 3)
F4Words substituted by Education (Scotland) Act 1945 (c. 37), Sch. 4
F5Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10
F6Definition repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 9 para. 12
F7Definitions repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F8Words repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F9Definition repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F10Definition substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 81(a)
F11Words 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)
F12Definition 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.
F13Words in s. 110(1) renumbered as paragraph (a) (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(a); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)
F14Words in s. 110(1) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(b); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)
F15Definition 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)
F16Definition repealed by Police (Scotland) Act 1967 (c. 77), s. 52, Sch. 5 Pt. II
F17Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
F18Definition repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 9 para. 12
F19Definition added by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10
F20Definition inserted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 10
F21S. 110(2)(3)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F22S. 110(3)(a)(iv) repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
Modifications etc. (not altering text)
C1Jurisdiction 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)
C2Reference 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
Marginal Citations
M11952. c. 61.