xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
An Order in Council under this Act may be revoked or varied by any subsequent Order in Council.
(1)An order or other act of the Secretary of State under this Act may be signified under the hand of the Secretary of State or an Under-Secretary of State or an Assistant Under-Secretary [F1or, in the case of a direction under section 53(1) or (2) above, of any authorised officer].
(2)A document purporting to be a copy—
(a)of an order made by a court under or by virtue of any of the provisions contained in sections fifty-six, fifty-seven and sixty-two to ninety of this Act or in the Fourth Schedule to this Act
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
shall, if it purports to be certified as a true copy by the clerk of the court, be evidence of the order.
(3)The production of a copy of the London Gazette containing a notice of the grant, or of the withdrawal or surrender, of a certificate of approval of an approved school shall be sufficient evidence of the fact of a certificate having been duly granted to the school named in the notice, or of the withdrawal or surrender of such a certificate, and the grant of a certificate of approval of an approved school may also be proved by the production of the certificate itself, or of a document purporting to be a copy of the certificate and to be authenticated as such by an Under-Secretary of State or Assistant Under-Secretary.
(4)Any notice or other document required or authorised by this Act to be served on the managers of an approved school may, if those managers are a local authority or a joint committee representing two or more local authorities, be served either personally or by post upon their clerk, and in any other case, may be served either personally or by post upon any one of the managers, or their secretary, or the headmaster of the school.
(5)An order, licence, or other document may be authenticated on behalf of the managers of an approved school, if they are a local authority or a joint committee representing two or more local authorities, by the signature of their clerk or some other officer of the local authority duly authorised in that behalf, and in any other case, by the signature of one of the managers or their secretary, or of the headmaster.
Textual Amendments
F1Words added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 129
F2S. 106(2)(b) repealed by Education Act 1944 (c. 31), Sch. 9 Pt. I
F3S. 106(2)(c) repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6
Modifications etc. (not altering text)
C1S. 106 extended by Children and Young Persons Act 1963 (c. 37), s. 11(2)(4)
C2Power to apply s. 106(3) conferred by Criminal Justice Act 1948 (c. 58), s. 49(2)
(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say,—
[F4“Approved school” means a school approved by the Secretary of State under section seventy-nine of this Act;]
[F4“Approved school order” means an order made by a court sending a . . . F5 person to an approved school;]
F6 . . .
“Chief officer of police” F7. . . as regards Scotland has the same meaning as in [F8the M1Police (Scotland) Act 1967], and as regards Northern Ireland means a district inspector of the Royal Ulster Constabulary;
“Child” means a person under the age of fourteen years;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
“Guardian”, in relation to a child or young person, includes any person who, in the opinion of the court having cognisance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the [F10care of] the child or young person;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
“Intoxicating liquor” [F12has the same meaning as in the M2Licensing Act 1964]
[F13“Legal guardian”, in relation to a child or young person, means a guardian of a child as defined in the Children Act 1989]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
“Place of safety” means [F16a community home provided by a local authority or a controlled community home, any] police station, or any hospital, surgery, or any other suitable place, the occupier of which is willing temporarily to receive a child or young person;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
“Prescribed” means prescribed by regulations made by the Secretary of State;
“Public place” includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
“Street” includes any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;
[F19“young person” means a person who has attained the age of fourteen and is under the age of eighteen years.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
(3)References in this Act to any enactment or to any provision in any enactment shall, unless the context otherwise requires, be construed as references to that enactment or provision as amended by any subsequent enactment including this Act.
Textual Amendments
F4Definitions repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), s. 73(2), Sch. 6
F5Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
F6Definitions in s. 107(1) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2).
F7Words in s. 107(1), in the definition of "Chief officer of police" repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt.I
F8Words substituted by Police (Scotland) Act 1967 (c. 77), Sch. 4
F9Definition repealed (1.4.1981) by Child Care Act 1980 (c. 5), s. 89, Sch. 6
F10Words in s. 107(1) substituted (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 7(a),( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F11Definition repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
F12Words substituted by Finance Act 1967 (c. 54), s. 5(1)(e)
F13Definition in s. 107(1) substituted (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 7(b) ( with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).
F14Definitions repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6 and spent
F15Definition repealed by Statute Law (Repeals) Act 1986 (c.12), s. 1(1), Sch. 1 Pt. XIII
F16Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 12(2)
F17Definitions repealed by National Assistance Act 1948 (c. 29), s. 62, Sch. 7 Pt. III and Police Act 1964 (c. 48), s. 64, Sch. 10 Pt. I
F18Definition repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
F19Definition in s. 107(1) substituted (E.W.) (1.10.1992 except to the extent that it would otherwise apply to s. 34 of this Act as mentioned in art. 2(4) of S.I. 1992/333) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 1(3), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2)(4), Sch. 2.
F20S. 107(2) repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6
Modifications etc. (not altering text)
C3Definition of “Chief officer of police”amended by S. R. & O. (N.I.) 1970 No. 111, reg. 6(b)
Marginal Citations
(1)Without prejudice to the provisions of [F21the M3Interpretation Act 1978] with respect to repeals, the transitory provisions set out in the Fifth Schedule to this Act shall have effect for the purposes of the transition to the provisions of this Act from the provisions of the enactments repealed by the M4Children and Young Persons Act 1932, and by this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
(4)References in any Act or other document to [F23youth courts] under the M5Children Act 1908, shall be construed as including references to such courts under this Act.
(5)References in any Act or other document to any enactment repealed and re-enacted with or without modifications by this Act F24. . . shall be construed as including references to the corresponding provision of this Act.
F25(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
F22Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6
F23Words in s. 108(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2
F24Words in s. 108(5) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.
F25S. 108(6) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII.
Marginal Citations
(1)This Act may be cited as the Children and Young Persons Act 1933.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
(3)Save as therein otherwise expressly provided, this Act shall not extend to Scotland or Northern Ireland.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
Textual Amendments
F26S. 109(2)(4) and Sch. 6 repealed by Statute Law Revision Act 1950 (c. 6)
Modifications etc. (not altering text)
C4Unreliable marginal note.