21 Punishment of vagrants preventing children from receiving education. S
(1)If a person habitually wanders from place to place and takes with him any child who has attained the age of five years, [F1or any young person who has not attained the age at which under the enactments relating to education children cease to be of school age], he shall, unless he proves that the child [F2or young person is not, by being so taken with him, prevented from receiving efficient education suitable to his age, ability and aptitude, be liable on conviction by a court of summary jurisdiction to a fine not exceeding [F3level 1 on the standard scale].]
(2)Any constable who finds a person wandering from place to place and taking a child [F1or young person] with him may, if he has reasonable ground for believing that the person is guilty of an offence under this section, apprehend him without a warrant and . . . F4
(3)Without prejudice to the requirements of [F5the M1Education (Scotland) Act 1962], as to school attendance or to proceedings thereunder, this section shall not, during the months of April to September inclusive, apply to any child whose parent or guardian is engaged in a trade or business of such a nature as to require him to travel from place to place, if a certificate has been obtained that the child has made not less than two hundred attendances at a public school during the months of October to March immediately preceding.
Textual Amendments
F1Words inserted by Education (Scotland) Act 1945 (c. 37), Sch. 4
F2Words substituted by Education (Scotland) Act 1945 (c. 37), Sch. 4
F3Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289F, 289G
F4Words repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I
F5Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
Modifications etc. (not altering text)
C1S. 21 amended by Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 168, 364
Marginal Citations