Children and Young Persons (Scotland) Act 1937

1. Introductory Text

2. PART I Child Life Protection

   1. 1. Notices to be given by persons receiving children for reward

   2. 2. Appointment and powers of inspectors, and c

   3. 3. Persons prohibited from receiving children for reward

   4. 4. Powers of local authority to prevent overcrowding

   5. 5. Removal of children kept in unsuitable premises, or by unsuitable persons

   6. 6. Notice to procurator fiscal

   7. 7. Avoidance of policies of life insurance of children kept for reward

   8. 8. Provisions as to notices

   9. 9. Prohibition of anonymous advertisements offering to undertake care of children

   10. 10. Prosecution of offences

   11. 11. Exemptions

3. PART II Prevention of Cruelty and Exposure to Moral and Physical Danger

   1. Offences

      1. 12. Cruelty to persons under sixteen

      2. 13. Causing, encouraging or favouring seduction or prostitution of girl under sixteen

      3. 14. Allowing persons under sixteen to be in brothels

      4. 15. Causing or allowing persons under sixteen to be used for begging

      5. 16. Giving exciseable liquor to children under five

      6. 17. Causing or allowing children to be in bars of licensed premises

      7. 18. Sale of tobacco, and c. to persons under sixteen

      8. 19. Taking pawns from persons under fourteen

      9. 20. Purchase of old metals from persons under sixteen

      10. 21. Punishment of vagrants preventing children from receiving education

      11. 22. Exposing children under seven to risk of burning

      12. 23. Failing to provide for safety of children at entertainments

   2. Special Provisions as to Prosecutions for Offences specified in First Schedule

      1. 24. Power to take offenders into custody

      2. 25. Mode of charging offences and limitation of time

      3. 26. Evidence of husband or wife of accused person

   3. Supplemental

      1. 27. Interpretation of Part II

4. PART III Employment

   1. General Provisions as to Employment

      1. 28. Restrictions on employment of children

      2. 29. Power of education authority to make byelaws with respect to employment of persons under eighteen other than children

      3. 30. Street trading

      4. 31. Penalties and legal proceedings in respect of general provisions as to employment

   2. Entertainments and Performances

      1. 32. Restrictions on children taking part in entertainments

      2. 33. Prohibition of persons under sixteen taking part in performances endangering life or limb

      3. 34. Restrictions on training for performances of a dangerous nature

   3. Supplemental

      1. 35. Byelaws

      2. 36. Powers of entry

      3. 37. Interpretation of Part III

      4. 38. Savings

5. PART IV Protection of Children and Young Persons in relation to criminal proceedings

   1. General Provisions as to Preliminary Proceedings

      1. 39. Separation of children and young persons from adults in police station, courts, and c

      2. 40. Liberation or detention of children and young persons arrested

      3. 41. Committal to custody in remand home

      4. 42. Attendance at court of parent of child or young person charged with an offence, and c

      5. 43. Notice to probation officer and education authority of charges against and applications relating to children and young persons

   2. General Provisions as to Proceedings in Court

      1. 44. Prohibition on children being present in court during the trial of other persons

      2. 45. Power to clear court while child or young person is giving evidence in certain cases

      3. 46. Power to prohibit publication of certain matter in newspapers

   3. Special Procedure with regard to Offences specified in First Schedule

      1. 47. Warrant to search for or remove a child or young person

      2. 48. Power to proceed with case in absence of child or young person

   4. Principles to be observed by all Courts in dealing with Children and Young Persons

      1. 49. General considerations

   5. Juvenile Courts

      1. 50. Jurisdiction of juvenile courts

      2. 51. Constitution of juvenile courts

      3. 52. Procedure in juvenile courts

      4. 53. Miscellaneous provisions as to powers of juvenile and other courts

      5. 54. Restrictions on newspaper reports of proceedings in juvenile courts

      6. 55. Age of criminal responsibility

      7. 56. Restrictions on punishment of children and young persons

      8. 57. Punishment of certain grave crimes

      9. 58. Substitution of custody in remand home for imprisonment

      10. 59. Power to order parent to pay fine, and c. instead of child or young person

      11. 60. Power of other courts to remit juvenile offenders to juvenile courts

      12. 61. Power to send juvenile offenders to approved schools or to commit them to fit persons

      13. 62. Power of Secretary of State to send certain juvenile offenders to approved schools

      14. 63. Miscellaneous provisions as to summary proceedings against juvenile offenders

      15. 64. Amendment of certain Acts in relation to child or young person

   6. Children and Young Persons in need of Care or Protection

      1. 65. Definition of "in need of care or protection"

      2. 66. Powers of juvenile courts in respect of children and young persons in need of care or protection

      3. 67. Powers of other courts with respect to last foregoing section

   7. Refractory Children and Young Person

      1. 68. Power of parent or guardian to bring child or young person before juvenile court

      2. 69. Power of poor law authority to bring child or young person before juvenile court

   8. Supplemental

      1. 70. Supervision by probation officers or other persons

      2. 71. Interim detention of child or young person in place of safety

      3. 72. Regard to be had to religious persuasion of person sent to approved school

      4. 73. Corning into force of approved school orders

      5. 74. Contents of approved school orders

      6. 75. Duration of approved school orders

      7. 76. Conveyance of children or young persons to approved schools

      8. 77. Extension of period of detention in approved schools

      9. 78. Supervision and recall after expiration of order

      10. 79. Provisions as to making, duration, and effect, of orders of committal to fit persons

      11. 80. Committal to local and other authorities as "fit persons"

6. PART V Remand Homes, Approved Schools and Persons to whose care Children and Young Persons may be committed

   1. Remand Homes

      1. 81. Provision of remand homes by local authorities

      2. 82. Provisions as to custody of children and young persons in remand homes

   2. Approved Schools

      1. 83. Approval of schools

      2. 84. Provision of approved schools by education authorities

      3. 85. Classification, administration and management

      4. 86. Escapes from approved schools, and c

      5. 87. Power to send children and young persons from England, Northern Ireland, Isle of Man and Channel Islands to approved schools in Scotland

   3. Fit Persons

      1. 88. General provisions as to children and young persons committed to the care of fit persons

      2. 89. Escapes from care of fit persons

   4. Provisions as to Contributions towards Expenses

      1. 90. Contributions to be made by parents, and c. of children and young persons committed to the care of fit persons, or to approved schools

      2. 91. Enforcement of duty of parent, and c. to make contributions

      3. 92. Provision as to decrees for aliment

      4. 93. Miscellaneous provisions as to contribution orders

      5. 94. Contributions by education authorities in respect of persons sent to approved schools

      6. 95. Variation of trusts for maintenance of child or young person

7. PART VI Homes Supported by Voluntary Contributions

   1. 96. Definition of voluntary homes

   2. 97. Notification of particulars with respect to voluntary homes

   3. 98. Inspection of voluntary homes

   4. 99. Control over voluntary homes

8. PART VII Miscellaneous and General

   1. 100. Reception and maintenance of children and young persons in poorhouses

   2. 101. Powers, duties and expenses of local authorities, and c

   3. 102. Institution of proceedings by local or poor law authorities

   4. Supplementary Provisions as to Legal Proceedings

      1. 103. Presumption and determination of age

      2. 104. Evidence of wages of defendant

      3. 105. Summary jurisdiction

   5. Supplementary Provisions as to Secretary of State

      1. 106. Powers of Secretary of State and Scottish Education and Health Departments to appoint inspectors, and c

      2. 107. Exchequer grants and expenses of Secretary of State and Scottish Education Department

      3. 108. Powers of Secretary of State may be transferred

   6. General

      1. 109. Provisions as to documents, and c

      2. 110. Interpretation

      3. 111. Transitory provisions

      4. 112. Saving of provisions in Aberdeen local Act

      5. 113. Short title, commencement, extent and repeals

9. SCHEDULES

   1. FIRST SCHEDULE

      Offences against Children and Young Persons, with respect to which special provisions of this Act apply

   2. SECOND SCHEDULE

      Provisions as to Administration of Approved Schools and Treatment of Persons sent thereto

      1. General Provisions

         1. 1. (1) The Scottish Education Department may make rules for the...

         2. 2. No substantial addition to, or diminution or alteration of, the...

      2. Treatment of Pupils

         1. 3. A minister of the religious persuasion to which a person...

         2. 4. If it appears to the managers of an approved school...

      3. Power to Place out Pupils

         1. 5. At any time during the period of a person's detention...

         2. 6. (1) At any time during the period of a person's...

         3. 7. If a person under the care of the managers of...

      4. Misconduct of Pupils

         1. 8. If a person detained in an approved school is guilty...

      5. Discharge and Transfer

         1. 9. (1) The Scottish Education Department may at any time order...

         2. 10. The provisions of section seventy-two of this Act (which relate...

         3. 11. Where a person detained in an approved school is transferred...

      6. Powers and duties of Managers and other Persons in Charge of Pupils

         1. 12. (1) Subject as hereinafter provided, all rights and powers exercisable...

         2. 13. Every person who— (a) is authorised by the managers of...

      7. Superannuation of Officers

         1. 14. The managers of any approved school may, as part of...

   3. THIRD SCHEDULE

      Transitory Provisions

      1. 1. Any order, rule, or regulation made, any certificate given, and...

      2. 2. Any rule, byelaw, warrant or licence under any enactment repealed...

      3. 3. Where before the commencement of the Act of 1932 an...

      4. 4. This Act shall apply in relation to a school which,...

      5. 5. The Scottish Education Department may, if they think fit, approve...

      6. 6. Subject to the provisions of this Schedule, this Act shall...

      7. 7. Where a child or young person has, before the first...

      8. 8. Where a child or young person has before the first...

      9. 9. Where before the first day of November, nineteen hundred and...

      10. 10. Where in pursuance of section fifty-three of the Act of...

      11. 11. Where before the first day of November, nineteen hundred and...

      12. 12. The repeal by the Act of 1932 of the provisions...

   4. FOURTH SCHEDULE

      Enactments Repealed