Part IIIU.K. Miscellaneous and general

SupplementalU.K.

70 Interpretation and ancillary provisions.U.K.

(1)In this Act, unless the contrary intention appears, the following expressions have the following meanings:—

  • “the M1Act of 1933” means the Children and Young Persons Act 1933;

  • “the M2Act of 1963” means the Children and Young Persons Act 1963;

  • “approved school order”, “guardian” and “place of safety” have the same meanings as in the Act of 1933;

  • F1. . .

  • “child”, except in Part II (including Schedule 3) and sections 27, 63, 64 and 65 of this Act, means a person under the age of fourteen, and in that Part (including that Schedule) and those sections means a person under the age of eighteen and a person who has attained the age of eighteen and is the subject of a care order;

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

  • F1. . .

  • “local authority” F3[F4..., means the council of a non-metropolitan county or of a [F5county borough,] metropolitan district] or London borough or the Common Council of the City of London;

  • [F6 “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)]

  • [F7“local authority residence requirement” has [F8the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code];]

  • [F9“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

  • “petty sessions area” F10. . ., in relation to a [F11 youth court]constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the Act of 1963, F10. . . means such a division of that area as is mentioned in paragraph 14 of that Schedule;

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

  • “police officer” means a member of a police force;

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

  • “reside” means habitually reside, and cognate expressions shall be construed accordingly F12. . .;

  • F13...

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

  • F14[“young person” means a person who has attained the age of fourteen and is under the age of eighteen years;]

  • [F15“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]

  • [F16“youth rehabilitation order” and “youth rehabilitation order with fostering” have [F17the meanings given by sections 173 and 176 of the Sentencing Code];]

and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.

[F18[(1A)In the case of a child or young person—

(a)whose father and mother were not married to[F19, or civil partners of,] each other at the time of his birth, and

[F20(b)whose father is named in a child arrangements order as a person with whom the child or young person is to live,]

any reference in this Act to the parent of the child or young person includes (unless the contrary intention appears) a reference to the father.

F18(1B)In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to[F21, or civil partners of,] each other at the time of his birth shall be construed in accordance with section 1 of the M3Family Law Reform Act 1987 and [F22“ child arrangements] order” has the meaning given by section 8(1) of the M4Children Act 1989.]

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

(3)In section 99(1) of the Act of 1933 (under which the age which a court presumes or declares to be the age of a person brought before it is deemed to be his true age for the purposes of that Act) the references to that Act shall be construed as including references to this Act.

(4)Subject to the following subsection, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment including this Act.

(5)Any reference in this Act to an enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament for the time being in force which re-enacts the said enactment with or without modifications.]

Textual Amendments

F1Definitions in s. 70(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F5Words in the definition of “local authority” in s. 70(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 6 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F6Definition in s. 70(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 29(a), (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F9S. 70(1): Definition of “local probation board” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 42; S.I. 2001/919, art. 2(f)(ii)

F10S. 70(1): words in definition of “petty sessions area” repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9))

F11Words in s. 70(1) substituted (1.10.1992) by Criminal Justice Act (c. 53, SIF 39:1), s. 100, Sch. 11, para. 40(2)(g); S.I. 1992/333, art. 2(2), Sch. 2

F12S. 70(1): Words in definition of “reside” repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F14Definition in s. 70(1) of “young person” substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8, para. 4(2), Sch. 12, para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2

F15Definition in s. 70(1) inserted (30.9.1998 for specified areas and otherwise 1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 23; S.I. 1998/2327, art. 3(1)(b); S.I. 2000/924, art. 2(c)

F20S. 70(1A)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 43(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F22Words in s. 70(1B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 43(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Marginal Citations