THE CHILDREN AND YOUNG PERSON ACT 1963
Part I deals with the care and control of children and young persons. Welfare powers of local authorities are addressed in Sections 1 – 4. Section 1 grants an extension of power to promote welfare of children. Sections 2 – 4 apply to children and young persons in need of care, protection or control. Section 3 specifically considers children and young persons beyond control. Section 4 outlines the power to send a case under s. 62 of principal Act to local juvenile court.
Supervision orders and powers of court to deal with persons under supervision or in care of local authority are addressed in Sections 5 – 7. Section 7 identifies the extension of powers of juvenile court to deal with persons in the care of the local authorities.
Approved schools are identified under Sections 8 – 15 of the Act. This includes temporary committal of persons ordered to be sent to approved schools (s.9), the escape of persons under an approved schools order (s.10), designation of remand homes (s.11), contributions by persons detained in approved schools (s. 13). The duty of parents to notify changes of address to approved schools or fit person is given under Section 14. The effect of the approved schools order on fit person or local authority is dealt with under Section 15.
Juvenile courts and proceedings in connection with children and young persons are set out under Sections 16 – 29. Section 16 relates to offences committed by children. Section 21 abolishes the special time limit for indictable offences. Section 22 applies to children and young persons arrested and not released. Section 23 relates to children and young persons detained in places of safety. Section 24 sets out age limits for children sent to special reception centres. Section 25 applies to attendance at court of parents of child or young person brought before court. Section 26 requires medical evidence by certificate of a fully registered medical practitioner as to a person’s physical or mental condition.
Section 27 specifically relates to evidence of children in committal proceedings for sexual offences and interprets sexual offences for the purpose of the section.
The form of oath is set out under Section 28. Section 29 deals specifically to provisions as to persons between the ages of 17 and 18.
Recovery of arrears of contributions is found under Section 30. Increases of certain penalties are incorporated. Section 31 deals with the penalty for cruelty and Section 32 relate to increase of penalty for sales of tobacco etc. New appeals come under Section 33.
Part II relates to the employment of children and young persons. The general provisions are set out in Sections 34 – 36. This incorporates hours, street trading and increase of certain penalties. Entertainment is provided for under Sections 37 – 43. Individual sections incorporate restrictions on public performances (s.37), on licences for performances by children under 13 (s.38). Offences are listed (s.40), licences for training persons between 12 and 16 for performances of dangerous nature (s.41). Details of licences for children performing abroad (s.42) and extended powers of entry (s.43) are also given.
Part III contains the miscellaneous and general provisions.
Research and financial assistance is covered in Sections 45 – 47. The power of the local authority to guarantee apprenticeship deeds etc of persons in their care is incorporated into Section 47.
Children in respect of whom parental rights may be or have been assumed by the local authority are given in Sections 48 – 50. Section 48 covers the extension of power for local authority to assume parental rights. Section 49 addresses harbouring or concealing child required to return to local authority. Section 50 grants an extension of power to appoint guardian.
Persons under supervision changing country of residence can be found under Sections 51 -52. Supervision of persons moving to Scotland is found under Section 51. Supervision by Scottish courts in respect of persons residing in England is under Section 52.
Children and young persons escaping to other parts of the British Isles are addressed under Section 53.
Amendment to the adoption Act 1958 is set out. Section 54 states the extension of scope of the adoption rules. Section 55 is in regard to emigration with consent of Secretary of State.
Miscellaneous provisions form under Section 56 – 59.
Supplementary provisions are included in Sections 60 – 65. Expenses are outlined under Section 60, the effect of the Act on general grants in England and Wales comes under Section 61 and interpretation can be found in Section 63.
SCHEDULES
SCHEDULE 1: Contains details on supervision orders
SCHEDULE 2: Explains the constitution of juvenile courts outside Metropolitan Area and within the Metropolitan Area.
SCHEDULE 3: Details given on minor and consequential amendments.
SCHEDULE 4: Lists the transitional provisions.
SCHEDULE 5: States the enactments repealed.
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