Children and Young Persons Act 1933

GeneralE+W

105 Variation of Orders in Council.E+W

An Order in Council under this Act may be revoked or varied by any subsequent Order in Council.

106 Provisions as to documents, &c. E+W

(1)An order or other act of the Secretary of State under this Act may be signified under the hand of the Secretary of State or an Under-Secretary of State or an Assistant Under-Secretary F1. . ..

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The production of a copy of the London Gazette containing a notice of the grant, or of the withdrawal or surrender, of a certificate of approval of an approved school shall be sufficient evidence of the fact of a certificate having been duly granted to the school named in the notice, or of the withdrawal or surrender of such a certificate, and the grant of a certificate of approval of an approved school may also be proved by the production of the certificate itself, or of a document purporting to be a copy of the certificate and to be authenticated as such by an Under-Secretary of State or Assistant Under-Secretary.

(4)Any notice or other document required or authorised by this Act to be served on the managers of an approved school may, if those managers are a local authority or a joint committee representing two or more local authorities, be served either personally or by post upon their clerk, and in any other case, may be served either personally or by post upon any one of the managers, or their secretary, or the headmaster of the school.

(5)An order, licence, or other document may be authenticated on behalf of the managers of an approved school, if they are a local authority or a joint committee representing two or more local authorities, by the signature of their clerk or some other officer of the local authority duly authorised in that behalf, and in any other case, by the signature of one of the managers or their secretary, or of the headmaster.

Textual Amendments

F1Words in s. 106(1) repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Modifications etc. (not altering text)

C2Power to apply s. 106(3) conferred by Criminal Justice Act 1948 (c. 58), s. 49(2)

107 Interpretation.E+W

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

  • [F3“Approved school” means a school approved by the Secretary of State under section seventy-nine of this Act;]

  • [F3“Approved school order” means an order made by a court sending a . . . F4 person to an approved school;]

  • F5 . . .

  • “Chief officer of police” F6. . . as regards Scotland has the same meaning as in [F7the M1Police (Scotland) Act 1967], and as regards Northern Ireland means a district inspector of the Royal Ulster Constabulary;

  • “Child” means a person under the age of fourteen years;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

  • “Guardian”, in relation to a child or young person, includes any person who, in the opinion of the court having cognisance 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 [F9care of] the child or young person;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

  • “Intoxicating liquor” [F11has the same meaning as in the M2Licensing Act 1964]

  • [F12“Legal guardian”, in relation to a child or young person, means a guardian of a child as defined in the Children Act 1989]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

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

  • “Place of safety” means [F15a community home provided by a local authority or a controlled community home, any] police station, or any hospital, surgery, or any other suitable place, the occupier of which is willing temporarily to receive a child or young person;

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

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

  • “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;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

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

  • [F18“young person” means a person who has attained the age of fourteen and is under the age of eighteen years.]

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

(3)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

F5Definitions in s. 107(1) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).

F6Words in s. 107(1), in the definition of "Chief officer of police" repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt.I

F8Definition repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6

F9Words in s. 107(1) substituted (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 7(a),( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F12Definition in s. 107(1) substituted (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 7(b) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F13Definitions repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6 and spent

F18Definition in s. 107(1) substituted (E.W.) (1.10.1992 except to the extent that it would otherwise apply to s. 34 of this Act as mentioned in art. 2(4) of S.I. 1992/333) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 1(3), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2)(4), Sch. 2.

Modifications etc. (not altering text)

C3Definition of “Chief officer of police”amended by S. R. & O. (N.I.) 1970 No. 111, reg. 6(b)

Marginal Citations

108 Transitory provisions.E+W

(1)Without prejudice to the provisions of [F20the M3Interpretation Act 1978] with respect to repeals, the transitory provisions set out in the Fifth Schedule to this Act shall have effect for the purposes of the transition to the provisions of this Act from the provisions of the enactments repealed by the M4Children and Young Persons Act 1932, and by this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(4)References in any Act or other document to [F22youth courts] under the M5Children Act 1908, shall be construed as including references to such courts under this Act.

(5)References in any Act or other document to any enactment repealed and re-enacted with or without modifications by this Act F23. . . shall be construed as including references to the corresponding provision of this Act.

F24(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

F23Words in s. 108(5) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

F24S. 108(6) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.

Marginal Citations

109†Short title, commencement, extent, and repeals.E+W

(1)This Act may be cited as the Children and Young Persons Act 1933.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(3)Save as therein otherwise expressly provided, this Act shall not extend to Scotland or Northern Ireland.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

Modifications etc. (not altering text)

C4Unreliable marginal note.