1969 No. 1565 (C.44)
The Children and Young Persons Act 1969 (Commencement No. 2) Order 1969
Made
In exercise of the powers conferred on me by section 73(2) and (3) of the Children and Young Persons Act 1969, I hereby make the following Order:—
Citation1
This Order may be cited as the Children and Young Persons Act 1969 (Commencement No.2) Order 1969.
Interpretation and extent2
1
In this Order “the Act” means the Children and Young Persons Act 1969.
2
Nothing in this Order shall bring into force, in their application to Scotland, any provisions of paragraph 54 of Schedule 5 to the Act and, accordingly, the references to the said provisions in Schedule 1 to this Order shall not include references thereto in their application to Scotland.
Days appointed for coming into force of certain provisions of the Act3
The provisions of the Act specified in column 1 of each of the first two Schedules to this Order (which relate to the matters specified in column 2 thereof) shall, subject to Article 2(2) of this Order, come into force on the day specified in the heading to that Schedule.
Transitional provisions4
The transitional provisions contained in Schedule 3 to this Order shall have effect in connection with the provisions brought into force by this Order which are referred to in that Schedule.
SCHEDULE 1PROVISIONS COMING INTO FORCE ON 1ST DECEMBER 1969
Provisions of the Act | Subject matter of provisions |
|---|---|
Section 33(1), so far as it relates to paragraph 6 of Schedule 1. | Legal aid. |
Section 35 | Regional planning of accommodation for children in care. |
Section 36 | Regional plans for community homes. |
Section 37 | Approval and variation of regional plans. |
Section 38 | Provision of community homes by local authorities. |
Section 39 | Instruments of management for assisted and controlled community homes. |
Section 40 | Supplementary provisions as to instruments of management and trust deeds. |
Section 41 | Management of controlled community homes. |
Section 42 | Management of assisted community homes. |
Section 43 | Control of premises used for, and conduct of, community homes. |
Section 44 | Controlled and assisted community homes exempted from certain provisions as to voluntary homes. |
Section 45 | Determination of disputes relating to controlled and assisted community homes. |
Section 46, except subsection (2) so far as it relates to paragraphs 3, 4 and 8 of Schedule 3. | Discontinuance of approved schools etc. on establishment of community homes. |
Section 47 | Discontinuance by voluntary organisation of controlled or assisted community home. |
Section 48 | Financial provisions applicable on cessation of controlled or assisted community home. |
Section 49 | Provision of accommodation and maintenance for children in care. |
Section 50 | Accommodation of persons over school age in convenient community home. |
Section 58 | Inspection of children's homes etc. by persons authorised by Secretary of State. |
Section 59 | Powers of entry supplemental to section 58. |
Section 60 | Extradition offences. |
Section 62(2) | Contributions in respect of children and young persons in care. |
Section 63 | Returns of information and presentation of reports etc. to Parliament. |
Section 64 | Expenses of Secretary of State in providing homes offering specialised facilities. |
Section 65 | Grants to voluntary organisations etc. |
Section 66 | Increase of rate support grants. |
Section 67 | Administrative expenses. |
Section 68 | Compulsory acquisition of land. |
Section 71 | Application to Isles of Scilly. |
Section 72(1), so far as it relates to paragraphs 13 and 14 of Schedule 4. | Transitional provisions. |
Section 72(3), so far as it relates to the provisions of Schedule 5 specified in Appendix A to this Schedule. | Minor and consequential amendments. |
Section 72(4), so far as it relates to the repeals set out in Appendix B to this Schedule. | Repeals. |
In Schedule 1, paragraph 6 | Modifications of Part IV of Criminal Justice Act 1967. |
Schedule 2 | Children's regional planning committees. |
Schedule 3, except paragraph 3, 4 and 8 | Approved schools and other institutions. |
In Schedule 4, paragraphs 13 and 14 | Transitional provisions and savings. |
In Schedule 5, the provisions specified in Appendix A to this Schedule. | Minor and consequential amendments of enactments. |
Schedule 6, so far as it relates to the repeals set out in Appendix B to this Schedule. | Repeals. |
APPENDIX A TO SCHEDULE 1AMENDMENTS TAKING EFFECT FROM 1ST DECEMBER 1969
Provisions of Schedule 5 | Enactments amended |
|---|---|
Paragraph 4 | Section 46 of the Children and Young Persons Act 1933. |
Paragraphs 14, 15, 18, 19, 20(2), 21(1) and 21(3). | Sections 4(3), 20(1), 39(1), 43(1), 51(3) and 54(3) and (5) of the Children Act 1948. |
In paragraph 20(1), the following provision:—
| Section 51(1) of the Children Act 1948. |
Paragraph 37 | Section 9 of the Mental Health Act 1959. |
Paragraphs 51 and 52 | Sections 45(1) and 49(1) of the Children and Young Persons Act 1963. |
In paragraph 54(2), the following provision:—
| Section 11(2) of the Family Allowances Act 1965. |
Paragraph 54(3) | Section 11(3) of the Family Allowances Act 1965. |
Paragraphs 65(2) and 66 | Sections 97(1) and 98 of the Social Work (Scotland) Act 1968. |
APPENDIX B TO SCHEDULE 1REPEALS TAKING EFFECT FROM 1ST DECEMBER 1969
Chapter | Short title | Extent of repeal |
|---|---|---|
1894 c. 60 | The Merchant Shipping Act 1894. | In section 183(3), the proviso. |
1918 c. 57 | The War Pensions (Administrative Provisions) Act 1918. | Section 9(4). |
1920 c. 23 | The War Pensions Act 1920. | Section 9. |
1933 c. 12. | The Children and Young Persons Act 1933 | Sections 76(2) and 77(1). Section 94. |
1948 c. 43 | The Children Act 1948 | Section 3(3) to (5). In section 4(3), the proviso. Sections 7, 15 and 16. Section 39(1)(e). Section 51(2). Section 54(1) and (2). |
1956 c. 50. | The Family Allowances and National Insurance Act 1956. | Section 5. |
1958 c. 65. | The Children Act 1958. | In Schedule 2 the entry relating to section 54 of the Children Act 1948. |
1963 c. 37. | The Children and Young Persons Act 1963. | Section 1(4). |
1968 c. 49. | The Social Work (Scotland) Act 1968. | In Schedule 8, paragraph 18. |
SCHEDULE 2PROVISIONS COMING INTO FORCE ON 1ST JANUARY 1970
Provisions of the Act | Subject matter of provisions |
|---|---|
Section 51 | Modification of general duty of local authorities with respect to foster children. |
Section 52 | Amendments of definitions of “foster child” and “protected child” . |
Section 53 | Modification of duty of persons maintaining foster children to notify local authority. |
Section 54 | Inspection of premises in which foster children are kept. |
Section 55 | Imposition of requirements and prohibitions relating to the keeping of foster children. |
Section 56, except subsection (1)(a) | Extension of disqualification for keeping foster children. |
Section 57 | Modifications of provisions as to offences. |
Section 72(3), so far as it relates to the provisions of Schedule 5 specified in Appendix A to this Schedule. | Minor and consequential amendments. |
Section 72(4), so far as it relates to the repeals set out in Appendix B to this Schedule. | Repeals. |
Section 72(5), except so far as it relates to sections 2(4) and 6(1)(b) of the Children Act 1958. | Sections 1 to 6 and 14 of the Children Act 1958, as amended. |
In Schedule 5, the provisions specified in Appendix A to this Schedule. | Minor and consequential amendments. |
Schedule 6, so far as it relates to the repeals set out in Appendix B to this Schedule. | Repeals. |
Schedule 7, except so far as it relates to sections 2(4) and 6(1)(b) of the Children Act 1958. | Sections 1 to 6 and 14 of the Children Act 1958, as amended. |
APPENDIX A TO SCHEDULE 2AMENDMENTS TAKING EFFECT FROM 1ST JANUARY 1970
Provisions of Schedule 5 | Enactments amended |
|---|---|
Paragraphs 30 and 31 | Sections 9 and 12(1) of the Children Act 1958. |
Paragraph 35 | Sections 37(2) of the Adoption Act 1958. |
APPENDIX B TO SCHEDULE 2REPEALS TAKING EFFECT FROM 1ST JANUARY 1970
Chapter | Short title | Extent of repeal |
|---|---|---|
1958 c. 65. | The Children Act 1958. | In section 2, in subsection (1) the words from “for reward” to “one month” , in subsection (2) the words from “by” in the first place where it occurs to “or” where that word first subsequently occurs, and subsections (6) and (7). |
In section 3, in subsection (4), the words from “or is removed” to “maintaining him” and the words from “or removal” onwards, in subsection (5) the words “need not give a notice under subsection (4) of this section but” , and subsection (6). | ||
1958 c. 5 (7 & 8 Eliz. 2) | The Adoption Act 1958. | In section 37, in subsection (1) the words “but is not a foster child within the meaning of Part 1 of the Children Act 1958” , in subsection (2) the words from “by reason” to “subsection nor” . |
SCHEDULE 3TRANSITIONAL MODIFICATIONS OF PARAGRAPHS 20 AND 37 OF SCHEDULE 5 TO THE ACT
So long as section 15 of the Children Act 1948 continues to apply to a local authority by virtue of paragraph 13 of Schedule 4 to the Act then, in relation to that authority, paragraphs 20 and 37 of Schedule 5 to the Act shall have effect as if they provided that section 51 of the said Act of 1948, as amended by the said paragraph 20, and section 9 of the Mental Health Act 1959, as amended by the said paragraph 37, should have effect as if a home provided by the local authority under the said section 15 were a community home so provided under the Act.