The Magistrates' Courts (Children and Young Persons) Rules 1988

Application and interpretation of Part III.

13.—(1) This Part shall apply in connection with proceedings in a court in the case of any person in relation to whom proceedings are brought or proposed to be brought under—

(a) any of the following provisions of the Act of 1969, namely:—

(i) section 1 (care proceedings),

(ii) section 15 (variation and discharge of supervision orders),

(iii) section 21 (variation and discharge of care orders);

(b) section 72 or 73 of the Social Work (Scotland) Act 1968(1) (persons subject to supervision requirements or orders moving from or to Scotland);

(c) section 189 or 390 of the Criminal Procedure (Scotland) Act 1975(2) (young person subject to Scottish probation order resident in England or Wales); or

(d) regulations made under sections 21A and 39 of the Act of 1980(3) (authority to retain child in secure accommodation),

except that rules 14, 20(2), 24 and 25 shall not apply in connection with proceedings under the enactments mentioned in sub-paragraphs (b) and (c) above, rules 14(3)(c) and (d) and 25 shall not apply in connection with proceedings of the kind mentioned in paragraph (d), and rule 26 shall apply only in connection with proceedings of that kind.

(2) In this Part of the Rules the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“the applicant” means the person by whom proceedings are brought or proposed to be brought;

“the appropriate local authority” means—

(a)

in relation to proceedings under section 1 of the Act of 1969, the local authority to whom notice of the proceedings falls to be given under section 2(3) of that Act,

(b)

in relation to proceedings under section 15 of the Act of 1969, the local authority whose area is named in the supervision order in pursuance of section 18(2)(a) of that Act, and

(c)

in relation to proceedings under section 21 of the Act of 1969, the local authority to whose care the relevant infant is committed by the care order;

“guardian” (except where it is used in the expression “guardianad litem”) has the same meaning as in section 70(1) and (2) of the Act of 1969;

“the offence condition” means the condition set out in section 1(2)(f) of the Act of 1969;

“the relevant infant” means a person in relation to whom proceedings are brought or proposed to be brought as mentioned in paragraph (1);

“reside” has the meaning assigned to it by section 70(1) of the Act of 1969;

“the respondent” means the relevant infant except that—

(a)

in relation to proceedings under section 15 of the Act of 1969 in which the relevant infant is the applicant it means the supervisor of the relevant infant, and

(b)

in relation to proceedings under section 21 of the Act of 1969 in which the relevant infant is the applicant it means the local authority to whose care the relevant infant is committed.

(1)

1968 c. 49; sections 72 and 73 were amended by the Act of 1969, Schedule 5, paragraphs 58 and 59 and Schedule 6.

(2)

1975 c. 21.

(3)

1980 c. 5; section 21A was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraph 50 and section 39 was amended by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 46 and the Health and Social Services and Social Security Adjudications Act 1983, Schedule 10, Part I.