The Children and Young Persons Act 1969 (Transitional Modifications of Part I) Order 1981

Statutory Instruments

1981 No. 81

CHILDREN AND YOUNG PERSONS

The Children and Young Persons Act 1969 (Transitional Modifications of Part I) Order 1981

Laid before Parliament in draft

Made

26th January 1981

Coming into Operation

31st March 1981

In exercise of the powers conferred upon me by sections 34 and 69 of the Children and Young Persons Act 1969, I hereby make the following Order:—

1.  This Order may be cited as the Children and Young Persons Act 1969 (Transitional Modifications of Part I) Order 1981 and shall come into operation on 31st March 1981.

2.  Subsections (2) and (3) of section 23 of the Children and Young Persons Act 1969 shall have effect as if the references to a young person excluded a male person who has not attained the age of 15 years.

W.S.I. Whitelaw

One of Her Majesty's Principal Secretaries of State

Home Office

26th January 1981

EXPLANATORY NOTE

This Order excludes the application of section 23(2) and (3) of the Children and Young Persons Act 1969 to male persons under the age of 15. (By virtue of the Children and Young Persons Act 1969 (Transitional Modifications of Part I) Order 1979 (S.I. 1979/125), those subsections have no application to female persons.)

Section 23(2) of the 1969 Act provides that where a court remands a young person charged with or convicted of an offence or commits him for trial or sentence, and he is not released on bail, if the court certifies that he is of so unruly a character that he cannot safely be committed to the care of a local authority, it shall commit him to a prison. Section 23(3) enables such a young person who has been committed to the care of a local authority to be committed, on the application of that authority, to a prison, if the court issues a like certificate.