Crime and Disorder Act 1998

14 Local child curfew schemes. E+W

(1) A local authority [F1 or a chief officer of police] may make a scheme (a “local child curfew scheme”) for enabling the authority [F2 or (as the case may be) the officer]—

(a) subject to and in accordance with the provisions of the scheme; and

(b) if, after such consultation as is required by the scheme, the authority [F2 or (as the case may be) the officer] considers it necessary to do so for the purpose of maintaining order,

to give a notice imposing, for a specified period (not exceeding 90 days), a ban to which subsection (2) below applies.

(2) This subsection applies to a ban on children of specified ages ([F3 under 16]) being in a public place within a specified area—

(a) during specified hours (between 9 pm and 6 am); and

(b) otherwise than under the effective control of a parent or a responsible person aged 18 or over.

(3) Before making a local child curfew scheme, a local authority shall consult—

(a) every chief officer of police any part of whose police area lies within its area; and

(b) such other persons or bodies as it considers appropriate.

[F4 (3A) Before making a local child curfew scheme, a chief officer of police shall consult—

(a) every local authority any part of whose area lies within the area to be specified; and

(b) such other persons or bodies as he considers appropriate.]

[F5 (4) A local child curfew scheme shall, if made by a local authority, be made under the common seal of the authority.

(4A) A local child curfew scheme shall not have effect until it is confirmed by the Secretary of State.]

(5) The Secretary of State—

(a) may confirm, or refuse to confirm, a local child curfew scheme submitted under this section for confirmation; and

(b) may fix the date on which such a scheme is to come into operation;

and if no date is so fixed, the scheme shall come into operation at the end of the period of one month beginning with the date of its confirmation.

(6) A notice given under a local child curfew scheme (a “curfew notice”) may specify different hours in relation to children of different ages.

(7) A curfew notice shall be given—

(a) by posting the notice in some conspicuous place or places within the specified area; and

(b) in such other manner, if any, as appears to the local authority [F6 or (as the case may be) the chief officer of police] to be desirable for giving publicity to the notice.

(8) In this section—

• “local authority” means—

  (a)

  in relation to England, the council of a district or London borough, the Common Council of the City of London, the Council of the Isle of Wight and the Council of the Isles of Scilly;

  (b)

  in relation to Wales, the council of a county or county borough;

• “public place” has the same meaning as in Part II of the M1 Public Order Act 1986.

Textual Amendments

F1 Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(a); S.I. 2001/2223, art. 3

F2 Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(b); S.I. 2001/2223, art. 3

F3 Words in s. 14(2) substituted (1.8.2001) by 2001 c. 16, s. 48; S.I. 2001/2223, art. 3

F4 S. 14(3A) inserted (1.8.2001) by 2001 c. 16, s. 49(3); S.I. 2001/2223, art. 3

F5 S. 14(4)(4A) substituted (1.8.2001) for s. 14(4) by 2001 c. 16, s. 49(4); S.I. 2001/2223, art. 3

F6 Words in s. 14(7)(b) inserted (1.8.2001) by 2001 c. 16, s. 49(5); S.I. 2001/2223, art. 3

Commencement Information

I1 S. 14 wholly in force; S. 14 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M1 1986 c.64.