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The Children and Young Persons Act 1969 (Transitional Modifications of Part I) (Amendment) Order 1974

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Statutory Instruments

1974 No. 1083

CHILDREN AND YOUNG PERSONS

The Children and Young Persons Act 1969 (Transitional Modifications of Part I) (Amendment) Order 1974

Laid before Parliament in draft

Made

25th June 1974

Coming into Operation

1st July 1974

In exercise of the powers conferred upon me by section 34 of the Children and Young Persons Act 1969, I hereby make the following Order:—

1.  This Order may be cited as the Children and Young Persons Act 1969 (Transitional Modifications of Part I) (Amendment) Order 1974 and shall come into operations on 1st July 1974.

2.  In this Order “the Act” means the Children and Young Persons Act 1969 and “the principal Order” means the Children and Young Persons Act 1969(Transitional Modifications of Part I) Order 1970(1), as amended(2).

3.  In Article 3(1) of the principal Order (which, as set out in Article 3 of the Children and Young Persons Act 1969 (Transitional Modifications of Part I) (Amendment) Order 1973(3), modifies references to a child in section 13(2) of the Act) and in Article 5 thereof (specified age for the purposes of section 34(2) and (3) of the Act) for the age “12 years” there shall be substituted the age “13 years”.

Roy Jenkins

One of Her Majesty's Principal Secretaries of State

Home Office

Whitehall

25th June 1974

EXPLANATORY NOTE

This Order amends the Children and Young Persons Act 1969 (Transitional Modifications of Part I) Order 1970 by raising from 12 to 13 years the age above which the restrictions contained in section 13(2) of the Children and Young Persons Act 1969 on placing a child under the supervision of a probation officer shall not apply and the specified age for the purposes of section 34(2) and (3) of the Act.

As modified, section 34(2) and (3) provides that where care or criminal proceedings are brought in the case of a child over 13 years or a young person, prior notice must be given to a probation officer and that, where arrangements have been made for a probation officer to make enquiries into the child's or young person's home surroundings, the local authority shall be relieved of their duty under section 9(1) to make those enquiries.

(1)

(1970 III, p. 6221).

(2)

S.I. 1973/485 (1973 I, p. 1572).

(3)

(1973 I, p. 1572).

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