Миссия США при ОБСЕ - Ответ России по случаю 75-й годовщины вторжения нацистской Германии в Советский Союз

Any local authority, constable or authorised person who reasonably believes that there are grounds for making an order under this section in respect of a child or young person may, subject to section 2(3) and (8) of this Act, bring him before a juvenile court.

If the court before which a child or young person is brought under this section is of opinion that any of the following conditions is satisfied with respect to him, that is to say— and also that he is in need of care or control which he is unlikely to receive unless the court makes an order under this section in respect of him, then, subject to the following provisions of this section and sections 2 and 3 of this Act, the court may if it thinks fit make such an order.

The order which a court may make under this section in respect of a child or young person is—

In any proceedings under this section the court may make orders in pursuance of paragraphs (c) and (d) of the preceding subsection but subject to that shall not make more than one of the orders mentioned in the preceding subsection, without prejudice to any power to make a further order in subsequent proceedings of any description; and if in proceedings under this section the court makes one of those orders and an order so mentioned is already in force in respect of the child or young person in question, the court may discharge the earlier order unless it is a hospital or guardianship order.

An order under this section shall not be made in respect of a child or young person—

In this section " authorised person" means a person authorised by order of the Secretary of State to bring proceedings in pursuance of this section and any officer of a society which is so authorised, and in sections 2 and 3 of this Act "care proceedings " means proceedings in pursuance of this section and " relevant infant" means the child or young person in respect of whom such proceedings are brought or proposed to be brought.

If a local authority receive information suggesting that there are grounds for bringing care proceedings in respect of a child or young person who resides or is found in their area, it shall be the duty of the authority to cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary.

If it appears to a local authority that there are grounds for bringing care proceedings in respect of a child or young person who resides or is found in their area, it shall be the duty of the authority to exercise their power under the preceding section to bring care proceedings in respect of him unless they are satisfied that it is neither in his interest nor the public interest to do so or that some other person is about to do so or to charge him with an offence.

No care proceedings shall be begun by any person unless that person has given notice of the proceedings to the local authority for the area in which it appears to him that the relevant infant resides or, if it appears to him that the relevant infant does not reside in the area of a local authority, to the local authority for any area in which it appears to him that any circumstances giving rise to the proceedings arose; but the preceding provisions of this subsection shall not apply where the person by whom the notice would fall to be given is the local authority in question.

Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of the relevant infant before the court in which care proceedings are brought or proposed to be brought in respect of him; but subsections (3) and (4) of section 47 of the Magistrates' Courts Act 1952 (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word " summons " there were inserted the words " cannot be served or ".

Where the relevant infant is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court aforesaid, the person in whose custody he is— and the justice shall either make an interim order in respect of him or direct that he be released forthwith.

Section 77 of the Magistrates' Courts Act 1952 (under which a summons or warrant may be issued to secure the attendance of a witness) shall apply to care proceedings as it applies to the hearing of a complaint.

In determining whether the condition set out in subsection (2)(b) of the preceding section is satisfied in respect of the relevant infant, it shall be assumed that no order under that section is to be made in respect of him.

In relation to the condition set out in subsection (2)(e) of the preceding section the references to a local authority in that section and subsections (1), (2) and (11)(b) of this section shall be construed as references to a local education authority; and in any care proceedings—

If on application under this subsection to the court in which it is proposed to bring care proceedings in respect of a relevant infant who is not present before the court it appears to the court that he is under the age of five and either— the court may if it thinks fit, after giving the parent or guardian if he is present an opportunity to be heard, give a direction under this subsection in respect of the relevant infant; and a relevant infant in respect of whom such a direction is given by a court shall be deemed to have been brought before the court under section 1 of this Act at the time of the direction, and care proceedings in respect of him may be continued accordingly.

If the court before which the relevant infant is brought in care proceedings is not in a position to decide what order, if any, ought to be made under the preceding section in respect of him, the court may make an interim order in respect of him.

If it appears to the court before which the relevant infant is brought in care proceedings that he resides in a petty sessions area other than that for which the court acts, the court shall, unless it dismisses the case and subject to subsection (5) of the following section, direct that he be brought under the preceding section before a juvenile court acting for the petty sessions area in which he resides; and where the court so directs—

The relevant infant may appeal to quarter sessions against any order made in respect of him under the preceding section except such an order as is mentioned in subsection (3)(a) of that section.

Such an order as is mentioned in subsection (3)(a) of the preceding section shall not require the parent or guardian in question to enter into a recognisance for an amount exceeding fifty pounds or for a period exceeding three years or, where the relevant infant will attain the age of eighteen in a period shorter than three years, for a period exceeding that shorter period; and section 96 of the Magistrates' Courts Act 1952 (which relates to the forfeiture of recognisances) shall apply to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace.

For the purposes of this Act, care proceedings in respect of a relevant infant are begun when he is first brought before a juvenile court in pursuance of the preceding section in connection with the matter to which the proceedings relate.

In any care proceedings, no account shall be taken for the purposes of the condition set out in paragraph (f) of subsection (2) of section 1 of this Act (hereafter in this section referred to as " the offence condition ") of an offence alleged to have been committed by the relevant infant if—

In any care proceedings the court shall not entertain an allegation that the offence condition is satisfied in respect of the relevant infant unless the proceedings are brought by a local authority or a constable; but nothing in this or the preceding subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether the offence condition is satisfied in respect of the relevant infant.

If in any care proceedings the relevant infant is alleged to have committed an offence in consequence of which the offence condition is satisfied with respect to him, the court shall not find the offence condition satisfied in consequence of the offence unless, disregarding section 4 of this Act, it would have found him guilty of the offence if the proceedings had been in pursuance of an information duly charging him with the offence and the court had had jurisdiction to try the information; and without prejudice to the preceding provisions of this subsection the same proof shall be required to substantiate or refute an allegation that the offence condition is satisfied in consequence of an offence as is required to warrant a finding of guilty, or as the case may be, of not guilty of the offence.

A person shall not be charged with an offence if in care proceedings previously brought in respect of him it was alleged that the offence condition was satisfied in consequence of that offence.

If in any care proceedings in which it is alleged that the offence condition is satisfied in respect of the relevant infant it appears to the court that the case falls to be remitted to another court in pursuance of subsection (11) of the preceding section but that it is appropriate to determine whether the condition is satisfied before remitting the case, the court may determine accordingly; and any determination under this subsection shall be binding on the court to which the case is remitted.

Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant in consequence of an indictable offence within the meaning of the Magistrates' Courts Act 1952 then, whether or not the court makes an order under section 1 of this Act— but where the finding in question is made in pursuance of the preceding subsection, the powers conferred by this subsection shall be exercisable by the court to which the case is remitted instead of by the court which made the finding. For the purposes of this subsection an offence under section 14(1) of the Criminal Justice Administration Act 1914 (which provides for damage committed wilfully or maliciously to be punishable on summary conviction) shall be treated as an indictable offence within the meaning of the said Act of 1952.

Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant and he is a young person, the court may if it thinks fit and he consents, instead of making such an order as is mentioned in section 1(3) of this Act, order him to enter into a recognisance for an amount not exceeding twenty-five pounds and for a period not exceeding one year to keep the peace or to be of good behaviour; and such an order shall be deemed to be an order under section 1 of this Act but no appeal to quarter sessions may be brought against an order under this subsection.

Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant in consequence of an offence which was not admitted by him before the court, then— the relevant infant may appeal to quarter sessions against the finding, and in a case falling within paragraph (a) of this subsection any notice of appeal shall be given within fourteen days after the date of the decision mentioned in that paragraph; and a person ordered to pay compensation by virtue of subsection (6) of this section may appeal to quarter sessions against the order.

An appeal in pursuance of the preceding subsection or subsection (12) of the preceding section against an order made by a court in consequence of a finding made by another court by virtue of subsection (5) of this section shall lie to the same quarter sessions as would have had jurisdiction to entertain an appeal under subsection (8) of this section against the finding if the court had decided not to make any order.

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It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.

In this section— and . . .; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.

Where a person under the age of seventeen appears or is brought before a magistrates' court on an information charging him with an offence, other than homicide, which is an indictable offence within the meaning of the Magistrates' Courts Act 1952, he shall be tried summarily unless— and accordingly in a case falling within paragraph (a) or paragraph (b) of this subsection the court shall, if it is of opinion that there is sufficient evidence to put the accused on trial, commit him for trial.

In sections 18(1) and 25(1) of the said Act of 1952 (which provide for the trial on indictment of persons aged fourteen or over who are charged with certain summary offences within the meaning of that Act) for the word "fourteen" there shall be substituted the word " seventeen ".

If on trying a person summarily in pursuance of subsection (1) of this section the court finds him guilty, it may impose a fine of an amount not exceeding fifty pounds or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for section 107(2) of the said Act of 1952, it could have sentenced him to imprisonment for a term not exceeding three months.

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Section 5 of the said Act of 1961 (which provides for detention for defaults) shall cease to apply to young persons.

An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.

Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.

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If a police officer not below the rank of inspector makes an application on oath to a justice stating— the justice may if he thinks fit issue a summons or warrant for the purpose of securing the attendance of the young person before a magistrates' court with a view to the making of such an order in respect of him.

The court before which a young person appears in pursuance of a summons or warrant under the preceding subsection may if it thinks fit order his finger and palm prints to be taken by a constable.

Subsections (2) and (4) of section 40 of the Magistrates' Courts Act 1952 (which respectively relate to the taking and destruction of finger and palm prints) shall have effect as if references to an order under that section included references to an order under the preceding subsection and, in relation to an order under the preceding subsection, as if for the words from " remanded " to " committed " in subsection (2) there were substituted the words " lawfully detained at any place, at that place " and as if the reference to acquittal in subsection (4) included a reference to a finding of a court that the condition set out in section 1(2)(f) of this Act is not satisfied in consequence of the offence specified in the application mentioned in subsection (1) of this section.

Where a local authority ... bring . . . proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.

If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.

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A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section.

Subject to section 19(6) of this Act, a supervision order may require the supervised person to comply with such directions of the supervisor as are mentioned in paragraph (a) or (b) or paragraphs (a) and (b) of this subsection, that is to say— but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of the preceding provisions of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by subsection (4) of this section.

The periods specified in directions given by virtue of subsection (2) of this section in pursuance of a supervision order shall be in accordance with the following provisions, that is to say—

Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 28 of the Mental Health Act 1959, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part V of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

A requirement shall not be included in a supervision order in pursuance of the preceding subsection— and a requirement so included shall not in any case continue in force after the supervised person becomes eighteen.

A court shall not designate a local authority as the supervisor by a provision of a supervision order unless the authority agree or it appears to the court that the supervised person resides or will reside in the area of the authority.

A court shall not insert in a supervision order a provision placing a child under the supervision of a probation officer unless the local authority of which the area is named or to be named in the order in pursuance of section 18(2)(a) of this Act so request and a probation officer is already exercising or has exercised, in relation to another member of the household to which the child belongs, duties imposed by paragraph 3(5) of Schedule 5 to the Criminal Justice Act 1948 or by rules under paragraph 6(b) of that Schedule.

Where a provision of a supervision order places a person under the supervision of a probation officer, the supervisor shall be a probation officer appointed for or assigned to the petty sessions area named in the order in pursuance of section 18(2)(a) of this Act and selected under arrangements made by the probation and after-care committee ; but if the probation officer selected as aforesaid dies or is unable to carry out his duties or if the case committee dealing with the case think it desirable that another officer should take his place, another probation officer shall be selected as aforesaid for the purposes of the order.

If while a supervision order is in force in respect of a supervised person who has not attained the age of eighteen it appears to a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by— and may on discharging the supervision order make a care order (other than an interim order) in respect of the supervised person ; but the powers of variation conferred by this subsection do not include power to insert in the supervision order, after the expiration of twelve months beginning with the date when the order was originally made, a requirement in pursuance of section 12(2)(a) of this Act or, after the expiration of three months beginning with that date, a requirement in pursuance of section 12(4) of this Act, unless in either case it is in substitution for such a requirement already included in the order.

If on an application in pursuance of the preceding subsection, in a case where the supervised person has attained the age of seventeen and the supervision order was not made by virtue of section 1 of this Act or on the occasion of the discharge of a care order, it appears to the court appropriate to do so it may proceed as if the application were in pursuance of subsection (3) or, if it is made by the supervisor, in pursuance of subsections (3) and (4) of this section and as if in that subsection or those subsections, as the case may be, the word " seventeen " were substituted for the word " eighteen " and the words " a magistrates' court other than " were omitted.

If while a supervision order is in force in respect of a supervised person who has attained the age of eighteen it appears to a magistrates' court other than a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by

If while a supervision order is in force in respect of a supervised person who has attained the age of eighteen it is proved to the satisfaction of a magistrates' court other than a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12 or section 18(2)(b) of this Act, the court may— and in a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents, the punishment imposed by virtue of paragraph (b) of this subsection shall not exceed that which any court having power to try such an offence could have imposed in respect of it and shall not in any event exceed imprisonment for a term of six months and a fine of four hundred pounds.

If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of section 12(4) of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion— the practitioner shall make a report in writing to that effect to the supervisor; and on receiving a report under this subsection the supervisor shall refer it to a juvenile court, and on such a reference the court may make an order cancelling or varying the requirement.

The preceding provisions of this section shall have effect subject to the provisions of the following section.

Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.

Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but subsections (3) and (4) of section 47 of the Magistrates' Courts Act 1952 (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word " summons " there were inserted the words " cannot be served or ".

If on an application to a court under subsection (1) of the preceding section— the court may make an interim order in respect of the supervised person.

A court may make an order under the preceding section in the absence of the supervised person if the effect of the order is confined to one or more of the following, that is to say—

A juvenile court shall not—

Where the supervised person has attained the age of fourteen, then except with his consent a court shall not make an order under the preceding section containing provisions which insert in the supervision order a requirement authorised by section 12(4) of this Act or which alter such a requirement already included in the supervision order otherwise than by removing it or reducing its duration.

The supervised person may appeal to quarter sessions against—

Where an application under the preceding section for the discharge of a supervision order is dismissed, no further application for its discharge shall be made under that section by any person during the period of three months beginning with the date of the dismissal except with the consent of a court having jurisdiction to entertain such an application.

In paragraph (a) of subsection (4) of the preceding section " attendance centre order " means such an order to attend an attendance centre as is mentioned in subsection (1) of section 19 of the Criminal Justice Act 1948; and the provisions of that section shall accordingly apply for the purposes of that paragraph as if for the words from " has power " to " probation order " in subsection (1) there were substituted the words " considers it appropriate to make an attendance centre order in respect of any person in pursuance of section 15(4) of the Children and Young Persons Act 1969 " and for references to an offender there were substituted references to the supervised person and as if subsection (5) were omitted.

In this and the preceding section references to a juvenile court or any other magistrates' court, in relation to a supervision order, are references to such a court acting for the petty sessions area for the time being named in the order in pursuance of section 18(2)(a) of this Act; and if while an application to a juvenile court in pursuance of the preceding section is pending the supervised person to whom it relates attains the age of seventeen or eighteen, the court shall deal with the application as if he had not attained the age in question.

A court shall not make a supervision order unless it is satisfied that the supervised person resides or will reside in the area of a local authority; and a court shall be entitled to be satisfied that the supervised person will so reside if he is to be required so to reside by a provision to be included in the order in pursuance of section 12(1) of this Act.

A supervision order— and in paragraph (b) of this subsection " prescribed " means prescribed by rules under section 15 of the Justices of the Peace Act 1949.

A court which makes a supervision order or an order varying or discharging a supervision order shall forthwith send a copy of its order— and, in a case falling within paragraph (e) of this subsection, shall also send to the clerk to the justices in question such documents and information relating to the case as the court considers likely to be of assistance to them.

Where a supervision order requires compliance with such directions as are mentioned in section 12(2) of this Act, any expenditure incurred by the supervisor for the purposes of the directions shall be defrayed by the local authority of which the area is named in the order in pursuance of subsection (2) of this section.

It shall be the duty of the children's regional planning committee for each planning area (hereafter in this section referred to as "the committee") to make arrangements, with such persons as the committee thinks fit, for the provision by those persons of facilities for enabling directions given by virtue of section 12(2) of this Act to persons resident in the area to be carried out effectively.

The committee shall specify the arrangements made in pursuance of the preceding subsection in a scheme and shall submit the scheme to the Secretary of State for him to determine the date on which it is to come into force; and the Secretary of State shall, after consultation with the committee and the relevant authorities, determine that date and notify his determination to the committee.

On receiving a notification in pursuance of subsection (2) of this section in respect of a scheme, the committee shall send copies of the scheme and notification to each of the relevant authorities and to the clerk to the justices for each petty sessions area of which any part is included in the planning area in question; and each of the relevant authorities shall, as soon as practicable after receiving those documents, keep a copy of them available at their principal offices for inspection by members of the public at all reasonable hours and on demand by any person furnish him with a copy of them free of charge.

If, after the scheme prepared by the committee under this section has come into force, any arrangements specified in it are cancelled or the committee makes arrangements for the purposes of this section other than arrangements so specified, the committee shall send notice of the cancellations or other arrangements, stating the date on which they are to come into force and the alterations in the scheme which they entail, to the Secretary of State and the authorities and clerks mentioned in subsection (3) of this section; and on and after that date the scheme shall have effect subject to those alterations and the relevant authorities shall have, in relation to the notice, the same duty as is imposed on them by that subsection in relation to the scheme.

Arrangements in pursuance of this section shall not be made for any facilities unless the facilities are approved or are of a kind approved by the Secretary of State for the purposes of this section; but where arrangements in pursuance of this section are made by the committee with any of the relevant authorities for the provision of facilities by the authority it shall be the duty of the authority to provide those facilities while the scheme is in force and those arrangements are specified in it.

A court shall not include in a supervision order any such requirements as are mentioned in section 12(2) of this Act unless the court is satisfied that a scheme under this section is in force for the planning area in which the supervised person resides or will reside or that the date on which such a scheme is to come into force has been determined; and a supervisor authorised to give directions by virtue of any such requirements shall not, in pursuance of those requirements, give directions involving the use of facilities which are not for the time being specified in a scheme in force under this section for the planning area aforesaid.

Any provision of this Act authorising the making of a care order in respect of any person shall be construed as authorising the making of an order committing him to the care of a local authority; and in this Act " care order " shall be construed accordingly and " interim order " means a care order containing provision for the order to expire with the expiration of twenty-eight days, or of a shorter period specified in the order, beginning—

The local authority to whose care a person is committed by a care order shall be—

Subject to the provisions of the following section, a care order other than an interim order shall cease to have effect—

A care order shall be sufficient authority for the detention by any local authority or constable of the person to whom the order relates until he is received into the care of the authority to whose care he is committed by the order.

If it appears to a juvenile court, on the application of a local authority to whose care a person is committed by a care order which would cease to have effect by virtue of subsection (3)(b) of the preceding section, that he is accommodated in a community home or a home provided by the Secretary of State and that by reason of his mental condition or behaviour it is in his interest or the public interest for him to continue to be so accommodated after he attains the age of eighteen, the court may order that the care order shall continue in force until he attains the age of nineteen; but the court shall not make an order under this subsection unless the person in question is present before the court.

If it appears to a juvenile court, on the application of a local authority to whose care a person is committed by a care order or on the application of that person, that it is appropriate to discharge the order, the court may discharge it and on discharging it may, unless it was an interim order and unless the person to whom the discharged order related has attained the age of eighteen, make a supervision order in respect of him.

Where an application under the preceding subsection for the discharge of a care order is dismissed, then—

The person to whom the relevant care order relates or related may appeal to quarter sessions against an order under subsection (1) of this section or a supervision order made in pursuance of subsection (2) of this section or the dismissal of an application under the said subsection (2) for the discharge of the care order.

The local authority to whose care a person is committed by a care order (other than an interim order) may, within the period of three months beginning with the date of the order, appeal to quarter sessions against the provision of the order naming their area on the ground that at the time the order was made the person aforesaid resided in the area of another local authority named in the notice of appeal; but no appeal shall be brought by a local authority under this subsection unless they give notice in writing of the proposal to bring it to the other local authority in question before giving notice of appeal.

References in this section to a juvenile court, in relation to a care order, are references to a juvenile court acting for any part of the area of the local authority to whose care a person is committed by the order or for the place where that person resides.

A juvenile court or a justice shall not make an interim order in respect of any person unless either—

An interim order shall contain provision requiring the local authority to whose care a person is committed by the order to bring that person before a court specified in the order on the expiration of the order or at such earlier time as the specified court may require, so however that the said provision shall, if the court making the order considers it appropriate so to direct by reason of the fact that that person is under the age of five or by reason of illness or accident, require the local authority to bring him before the specified court on the expiration of the order only if the specified court so requires.

A juvenile court acting for the same area as a juvenile court by which or a justice by whom an interim order has been made in respect of any person may, at any time before the expiration of the order, make a further interim order in respect of him; and the power to make an interim order conferred by this subsection is without prejudice to any other power to make such an order.

The High Court may, on the application of a person to whom an interim order relates, discharge the order on such terms as the court thinks fit; but if on such an application the discharge of the order is refused, the local authority to whose care he is committed by the order shall not exercise in his case their powers under section 13(2) of the Children Act 1948 (which enables them to allow a parent or other person to be in charge of him) except with the consent and in accordance with any directions of the High Court.

If a court which has made or, apart from this subsection, would make an interim order in respect of a person who has attained the age of fourteen certifies that he is of so unruly a character that he cannot safely be committed to the care of a local authority and has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, then, subject to the following provisions of this section, the court shall commit him to a remand centre for twenty-eight days or such shorter period as may be specified in the warrant; but in a case where an interim order is in force in respect of the person in question, a warrant under this subsection shall not be issued in respect of him except on the application of the local authority to whose care he is committed by the order and shall not be issued for a period extending beyond the date fixed for the expiration of the order, and on the issue of a warrant under this subsection in such a case the interim order shall cease to have effect. In this subsection "court" includes a justice.

Subsections (1), (3) and (4) of this section, so much of section 2(11)(a) as requires the clerk to be informed and section 21(2) to (4) of this Act shall apply to a warrant under subsection (5) of this section as they apply to an interim order but as if the words " is under the age of five or " in subsection (1) of this section were omitted.

Where a court— and he is not released on bail, then, subject to the following provisions of this section, the court shall commit him to the care of a local authority in whose area it appears to the court that he resides or that the offence or one of the offences was committed.

If the court aforesaid certifies that a young person is of so unruly a character that he cannot safely be committed to the care of a local authority under the preceding subsection, then if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, it shall commit him to a remand centre and, if it has not been so notified, it shall commit him to a prison.

If, on the application of the local authority to whose care a young person is committed by a warrant under subsection (1) of this section, the court by which he was so committed or any magistrates' court having jurisdiction in the place where he is for the time being certifies as mentioned in subsection (2) of this section, the provisions of the said subsection (2) relating to committal shall apply in relation to him and he shall cease to be committed in pursuance of the said subsection (1).

The preceding provisions of this section shall have effect subject to the provisions of section 28 of the Magistrates' Courts Act 1952 (which relates to committal to quarter sessions with a view to a borstal sentence).

In this section "court" and "magistrates' court" include a justice; and notwithstanding anything in the preceding provisions of this section, section 105(5) of the said Act of 1952 (which provides for remands to the custody of a constable for periods not exceeding three clear days) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.

It shall be the duty of a local authority to whose care a person is committed by a care order or by a warrant under subsection (1) of the preceding section to receive him into their care and, notwithstanding any claim by his parent or guardian, to keep him in their care while the order or warrant is in force.

A local authority shall, subject to the following provisions of this section, have the same powers and duties with respect to a person in their care by virtue of a care order or such a warrant as his parent or guardian would have apart from the order or warrant and may (without prejudice to the preceding provisions of this subsection but subject to regulations made in pursuance of section 43 of this Act) restrict his liberty to such extent as the authority consider appropriate.

A local authority shall not cause a person in their care by virtue of a care order to be brought up in any religious creed other than that in which he would have been brought up apart from the order.

It shall be the duty of a local authority to comply with any provision included in an interim order in pursuance of section 22(2) of this Act and, in the case of a person in their care by virtue of the preceding section, to permit him to be removed from their care in due course of law.

A person's appointment as a visitor in pursuance of the preceding subsection shall be determined if the care order in question ceases to be in force or he gives notice in writing to the authority who appointed him that he resigns the appointment or the authority give him notice in writing that they terminate it; but the determination of such an appointment shall not prejudice any duty under the preceding subsection to make a further appointment.

The functions conferred on a local authority by the preceding provisions of this section in respect of any person are in addition to the functions which, by virtue of section 27 of this Act, are conferred on the authority in respect of him by Part II of the Children Act 1948.

While a care order other than an interim order is in force in respect of a person who has not attained the age of eighteen, it shall be the duty of his parent to keep the local authority to whose care he is committed by the order informed of the parent's address; and if the parent knows of the order and fails to perform his duty under this subsection, the parent shall be liable on summary conviction to a fine not exceeding ten pounds unless he shows that at the material time he was residing at the address of the other parent and had reasonable cause to believe that the other parent had kept the authority informed of their address.

Subsection (2) below applies where a court remands a person aged 10 or 11 on bail and either—

The court may order a local authority to make an oral or written report specifying where the person is likely to be placed or maintained if he is further remanded to local authority accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

An order under subsection (2) above must designate the local authority which is to make the report; and that authority must be the local authority which the court would have designated under section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 if the person had been remanded to local authority accommodation.

An order under subsection (2) above must specify the period within which the local authority must comply with the order.

The maximum period that may be so specified is seven working days.

If the Secretary of State by order so provides, subsection (2) above also applies where—

In this section—

For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—

If it appears to the Secretary of State, on the application of the welfare authority or the managers of the training school to whose care a person is committed by a fit person order or by virtue of a training school order, that his parent or guardian resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority ; and while an order under this subsection is in force it shall have effect as if it were a care order and as if sections 20(2) and (3) and 21(1) and (5) of this Act were omitted and in section 31(3)(a) of this Act for the reference to section 20(3) there were substituted a reference to subsection (3) of this section.

If it appears to the Minister of Home Affairs for Northern Ireland, on the application of the local authority to whose care a person is committed by a care order other than an interim order, that his parent or guardian resides or will reside in Northern Ireland, the said Minister may make an order committing him to the care of the managers of a training school or to the care of the welfare authority in whose area his parent or guardian resides or will reside; and the provisions of the Children and Young Persons Act (Northern Ireland) 1968 (except sections 83(3)(a), 88(3), 90 and 91(3)) shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, a fit person order. If an order under this subsection commits a person to the care of the managers of a training school, the contributions to be made in respect of him under section 161 of the said Act of 1968 shall be made by such council as may be named in that order, being the council within whose district his parent proposes to reside or is residing at the time of the order.

When a person is received into the care of a local authority or welfare authority or the managers of a training school in pursuance of an order under this section, the training school order, fit person order or care order in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—

An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority or welfare authority or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority or managers to whose care he is committed by the order.

In this section " training school", " training school order " and " welfare authority " have the same meaning as in the said Act of 1968, and " fit person order " means an order under that Act committing a person to the care of a fit person.

The Secretary of State may by order designate for the purposes of this section an order of any description which— and in this section “relevant order” means an order of a description for the time being so designated and “the relevant authority”, in relation to a relevant order, means the authority in the Isle of Man or any of the Channel Islands to whose care the person to whom the order relates is, under the law of that country, committed by the order and ”care order” means an order made under section 31 of the Children Act 1989..

The Secretary of State may authorise a local authority to receive into their care any person named in the authorisation who is the subject of a relevant order; and while such an authorisation is in force in respect of any person he shall, subject to the following subsection be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a youth rehabilitation order imposing a local authority residence requirement with a requirement that the child be accommodated by a designated local authority.

This Act shall have effect, in relation to a person in respect of whom an authorisation under this section is in force, as if sections 20(2) and (3), 21 and 31 and in section 27(4) the words from " and if " onwards were omitted ; and it shall be the duty of a local authority who propose, in exercise of their powers under section 13(2) of the Children Act 1948, to allow such a person to be under the charge and control of a person residing outside England and Wales to consult the relevant authority before exercising those powers.

An authorisation given to a local authority under this section shall cease to have effect when— and if a local authority having by virtue of this section the care of a person to whom a relevant order relates is requested by the relevant authority to make arrangements for him to be received again into the care of the relevant authority, it shall be the duty of the local authority to comply with the request.

For section 11 of the Children Act 1948 (which specifies the children in respect of whom functions are conferred on local authorities by Part II of that Act) there shall be substituted the following section:—

If it appears to a local authority that it is necessary, for the purpose of protecting members of the public, to exercise their powers in relation to a particular child in their care in a manner which may not be consistent with their general duty under section 12(1) of the said Act of 1948 to further his best interests and afford him opportunity for proper development, the authority may, notwithstanding that duty, act in that manner.

If the Secretary of State considers it necessary, for the purpose of protecting members of the public, to give directions to a local authority with respect to the exercise of their powers in relation to a particular child in their care, he may give such directions to the authority; and it shall be the duty of the authority, notwithstanding their general duty aforesaid, to comply with any such directions.

Without prejudice to their general duty aforesaid, it shall be the duty of a local authority who have at any time had a child in their care throughout the preceding six months and have not during that period held a review of his case in pursuance of this subsection to review his case as soon as is practicable after the expiration of that period and, if a care order is in force with respect to him, to consider in the course of the review whether to make an application for the discharge of the order.

If, upon an application to a justice by any person for authority to detain a child or young person and take him to a place of safety, the justice is satisfied that the applicant has reasonable cause to believe that— the justice may grant the application; and the child or young person in respect of whom an authorisation is issued under this subsection may be detained in a place of safety by virtue of the authorisation for twenty-eight days beginning with the date of authorisation, or for such shorter period beginning with that date as may be specified in the authorisation.

Any constable may detain a child or young person as respects whom the constable has reasonable cause to believe that any of the conditions set out in section 1(2)(a) to (d) of this Act is satisfied or that an appropriate court would find the condition set out in section 1(2)(b) of this Act satisfied or that an offence is being committed under section 10(1) of the Act of 1933 (which penalises a vagrant who takes a juvenile from place to place).

A person who detains any person in pursuance of the preceding provisions of this section shall, as soon as practicable after doing so, inform him of the reason for his detention and take such steps as are practicable for informing his parent or guardian of his detention and of the reason for it.

A constable who detains any person in pursuance of subsection (2) of this section or who arrests a child without a warrant otherwise than for homicide shall as soon as practicable after doing so secure that the case is enquired into by a police officer not below the rank of inspector or by the police officer in charge of a police station, and that officer shall on completing the enquiry either— and subject to the said subsection (5) it shall be lawful to detain the person in question in accordance with any such arrangements.

It shall not be lawful for a child arrested without a warrant otherwise than for homicide to be detained in consequence of the arrest or such arrangements as aforesaid, or for any person to be detained by virtue of subsection (2) of this section or any such arrangements, after the expiration of the period of eight days beginning with the day on which he was arrested or, as the case may be, on which his detention in pursuance of the said subsection (2) began; and if during that period the person in question applies to a justice for his release, the justice shall direct that he be released forthwith unless the justice considers that he ought to be further detained in his own interests or, in the case of an arrested child, because of the nature of the alleged offence.

If while a person is detained in pursuance of this section an application for an interim order in respect of him is made to a magistrates' court or a justice, the court or justice shall either make or refuse to make the order and, in the case of a refusal, may direct that he be released forthwith.

A child or young person arrested in pursuance of a warrant shall not be released unless. . . his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.

In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.

An officer who enquires into a case in pursuance of subsection (1) of this section and does not release the person to whom the enquiry relates shall, unless the officer certifies that it is impracticable to do so or that he is of so unruly a character as to make it inappropriate to do so, make arrangements for him to be taken into the care of a local authority and detained by the authority, and it shall be lawful to detain him in pursuance of the arrangements; and a certificate made under this subsection in respect of any person shall be produced to the court before which that person is first brought thereafter.

Where an officer decides in pursuance of subsection (1) of this section not to release a person arrested without a warrant and it appears to the officer that a decision falls to be taken in pursuance of section 5 of this Act whether to lay an information in respect of an offence alleged to have been committed by that person, it shall be the duty of the officer to inform him that such a decision falls to be taken and to specify the offence.

A person detained by virtue of subsection (3) of this section shall be brought before a magistrates' court within seventy-two hours from the time of his arrest unless within that period a police officer not below the rank of inspector certifies to a magistrates' court that by reason of illness or accident he cannot be brought before a magistrates' court within that period.

Where in pursuance of the preceding subsection a person is brought before a court or a certificate in respect of any person is produced to a court and the court does not proceed forthwith to inquire into the case, then— and where a court remands a person in pursuance of this subsection otherwise than on bail it shall, if he is not represented by counsel or a solicitor, inform him that he may apply to a judge of the High Court to be admitted to bail and shall, if he is not so represented or his counsel or solicitor so requests, give him a written notice stating the reason for so remanding him.

The power to give directions under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 260 of the Sentencing Code (under which young offenders convicted on indictment of certain grave crimes may be detained in accordance with directions given by the Secretary of State) shall include power to direct detention by a local authority specified in the directions in a home so specified which is a community home provided by the authority or a controlled community home for the management, equipment and maintenance of which the authority are responsible; but a person shall not be liable to be detained in the manner provided by this section after he attains the age of nineteen.

It shall be duty of a local authority specified in directions given in pursuance of this section to detain the person to whom the directions relate in the home specified in the directions subject to and in accordance with such instructions relating to him as the Secretary of State may give to the authority from time to time; and the authority shall be entitled to recover from the Secretary of State any expenses reasonably incurred by them in discharging that duty.

Where a person who has attained the age of fifteen is for the time being committed to the care of a local authority by a care order (other than an interim order) and accommodated in a community home and the authority consider that he ought to be removed to a borstal institution under this section, they may with the consent of the Secretary of State bring him before a juvenile court.

If the court before which a person is brought in pursuance of this section is satisfied that his behaviour is such that it will be detrimental to the persons accommodated in any community home for him to be accommodated there, the court may order him to be removed to a borstal institution.

Where an order is made under subsection (2) of this section with respect to any person, the care order aforesaid shall cease to have effect and he shall be treated as if he had been sentenced to borstal training on the date of the other order, except that—

If the court before which a person is brought in pursuance of this section is not in a position to decide whether to make an order under subsection (2) of this section in respect of him, it may make an order for his detention in a remand centre for a period not exceeding twenty-one days.

An order under the preceding subsection may from time to time be varied or extended by the court which made the order or by any other magistrates' court acting for the same area as that court, but a court shall not exercise its powers under this subsection—

The provisions of the Magistrates' Courts Act 1952 and of any other enactment relating to summary proceedings (other than provisions relating to remand or legal aid) shall apply to proceedings for the removal of a person under this section as they apply to proceedings against a person charged with a summary offence.

Where immediately before an order under paragraph (f) of section 34(1) of this Act comes into force an order under this section is in force with respect to any person, the order under that paragraph shall not affect the other order or the application of this section to that person while the other order remains in force.

If any of the following persons, that is to say— is absent from premises at which he is required by. . . the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . , to the premises or other place aforesaid or such other premises as the authority. . . may direct.

If a child or young person is absent, without the consent of the responsible person—

If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) , (1A) or (1D) of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale. In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981.

A person so arrested shall be conducted to—

A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) , (1A) or (1D) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding level 5 on the standard scale or both.

In this section “the responsible person” means, as the case may be—

The reference to a constable in subsections (1),(1A) , (1D) and (2A) of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in subsection (1)“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

If a child or young person— he may be arrested by a constable anywhere in the United Kingdom without a warrant.

Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.

A person so arrested shall be conducted to— at that local authority's expense.

Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1), (1A)(a), (aa) or (b)(i), (ii) or (iia) or (1D) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) or (1D) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the responsible personor the responsible officer, as the case may be.

If any of the following persons, that is to say— is absent from premises at which he is required by. . . the relevant Northern Ireland authority to live, or as the case may be is absent from the home, remand home, special reception centre or training school, at a time when he is not permitted by. . . the relevant Northern Ireland authority to be absent from it, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority. . . , to the premises or other place aforesaid or such other premises as the authority. . . may direct.

If a child or young person is absent, without the consent of the responsible person—

A person so arrested shall be conducted to—

In this section “the responsible person” means, as the case may be—

If a child or young person— he may be arrested by a constable anywhere in the United Kingdom without a warrant.

A person so arrested shall be conducted to— at that local authority's expense.

If a magistrates’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a person who is absent as mentioned in subsection (1) , (1A) or (1D) of this section, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent person before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale. In the application of this subsection to Northern Ireland, “magistrates court” means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981.

Without prejudice to its powers under subsection (2) of this section, a magistrates’ court (within the meaning of that subsection) may, if it is satisfied by information on oath that there are reasonable grounds for believing that a person who is absent as mentioned in subsection (1), (1A)(a), (aa) or (b)(i), (ii) or (iia) or (1D) of this section is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that person.

A court shall not issue a summons or search warrant under subsection (2) or (2A) of this section in any case where the person who is absent is a person to whom subsection (1A) or (1D) of this section applies, unless the information referred to in the said subsection (2) or (2A) is given by the responsible personor the responsible officer, as the case may be.

A person who knowingly compels, persuades, incites or assists another person to become or continue to be absent as mentioned in subsection (1) , (1A) or (1D) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine of an amount not exceeding level 5 on the standard scale or both.

The reference to a constable in subsections (1),(1A) , (1D) and (2A) of this section includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force, and in subsection (1)“the relevant Northern Ireland authority” means in the case of a person committed to the care of a fit person, the fit person, and in the case of a person sent to a remand home, special reception centre or training school, the person in charge of that home or centre or the managers of that school.

Nothing in this section authorises the arrest in Northern Ireland of, or the taking there of any proceedings in respect of, such a person as is mentioned in paragraph (d) of subsection (1) of this section.

Part IV of the Criminal Justice Act 1967 (which relates to legal aid in criminal proceedings) shall have effect subject to the provisions of Schedule 1 to this Act (being provisions for applying the said Part IV to certain proceedings under this Part of this Act and for modifying the said Part IV in certain minor respects in relation to juveniles).

Legal aid in pursuance of the Legal Aid and Advice Act 1949 shall not be given in respect of any proceedings in respect of which legal aid may be given by virtue of the preceding subsection.

The Secretary of State may by order provide—

In the case of a person who has not attained the age of eighteen but has attained such lower age as the Secretary of State may by order specify, no proceedings . . . for an offence shall be begun in any court unless the person proposing to begin the proceedings has, in addition to any notice falling to be given by him to a local authority in pursuance of section . . . 5(8) of this Act, given notice of the proceedings to an officer of a local probation board , or an officer of a provider of probation services, acting in the area for which the court acts; . . ..

In the case of a person who has attained such age as the Secretary of State may by order specify, an authority shall, without prejudice to subsection (2) of section 9 of this Act, not be required by virtue of subsection (1) of that section to make investigations or provide information which it does not already possess with respect to his home surroundings if, by direction of the justices or local probation board acting for , or a provider of probation services operating in, any relevant area, arrangements are in force for information with respect to his home surroundings to be furnished to the court in question by an officer of a local probation board or an officer of a provider of probation services.

Except in relation to section 13(2) of this Act, references to a child in subsection (1) of this section do not include references to a person under the age of ten.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Without prejudice to the generality of section 69(4) of this Act, an order under this section may specify different ages for the purposes of different provisions of this Act specified in the order.

A draft of any order proposed to be made under this section shall be laid before Parliament and, in the case of an order of which the effect is that the reference to a child in section 4 of this Act includes a child who has attained an age of more than twelve, shall not be made unless the draft has been approved by a resolution of each House of Parliament.

With a view to the preparation, in pursuance of the provisions of this Part of this Act, of regional plans for the provision of accommodation for children in the care of local authorities and for the equipment and maintenance of the accommodation, the Secretary of State may by order provide that any area specified in the order shall be a separate area (in this Act referred to as a " planning area ") for the purposes of those provisions.

Before making an order under subsection (1) of this section, the Secretary of State shall consult each local authority whose area or any part of whose area is included in the planning area which he proposes should be specified in the order and such other local authorities, if any, as he thinks fit.

It shall be the duty of the local authorities whose areas are wholly or partly included in a planning area (in this Act referred to, in relation to such an area, as " the relevant authorities ") to establish for the area, within such period as may be provided by the order specifying the planning area or such longer period as the Secretary of State may allow, a body to be called the children's regional planning committee.

The provisions of Schedule 2 to this Act shall have effect in relation to children's regional planning committees.

In the case of an order under subsection (1) of this section which (by virtue of section 69(3) of this Act) varies or revokes a previous order under that subsection—

The children's regional planning committee for a planning area (in this and the following section referred to as " the committee ") shall prepare and submit to the Secretary of State, in accordance with the following provisions of this section, a plan (in this Act referred to as a " regional plan ") for the provision and maintenance of homes, to be known as community homes, for the accommodation and maintenance of children in the care of the relevant authorities.

The community homes for which provision may be made by a regional plan shall be—

Where a regional plan makes provision for any such voluntary home as is referred to in paragraph (b) of subsection (2) of this section, the plan shall designate the home as either a controlled community home or an assisted community home, according as it is proposed in the plan that the management, equipment and maintenance of the home should be the responsibility of one of the relevant authorities or of the voluntary organisation by which the home is provided.

Every regional plan shall contain proposals—

Before including provision in a regional plan that a community home should be provided by any of the relevant authorities or that a voluntary home provided by a voluntary organisation should be designated as a controlled or assisted community home, the committee shall obtain the consent of the authority or voluntary organisation by which the home is or is to be provided and, in the case of a home which is to be designated as a controlled or assisted community home, the consent of the local authority which it is proposed should be specified in the instrument of management for the home.

A regional plan shall be prepared in such form and shall contain such information as the Secretary of State may direct, either generally or in relation to a particular planning area or particular kinds of plans; and the Secretary of State may direct that the regional plan for a particular planning area shall be submitted to him within such period as may be specified in the direction or such longer period as he may allow.

After considering any regional plan submitted to him under section 36 of this Act and after making in the plan such modifications (if any) as he may agree with the committee by which the plan was submitted and as he may consider appropriate for securing that the plan makes proper provision for the accommodation and maintenance of children in the care of the relevant authorities, the Secretary of State may approve the plan.

Where the Secretary of State considers that, either with or without such modifications as are referred to in subsection (1) of this section, part but not the whole of a plan submitted to him under section 36 of this Act makes proper provision for the accommodation and maintenance of the children to whom that part of the plan relates, the Secretary of State may approve that part of the plan.

Where the Secretary of State has approved part only of a regional plan, the committee for the planning area concerned shall prepare and submit to him under section 36 of this Act a further regional plan containing proposals to supplement that part of the previous plan which was approved by the Secretary of State.

If, at any time after the approval of the whole or part of a regional plan by the Secretary of State, the committee for the planning area concerned consider that the plan, or such part of it as was approved, should be varied or replaced, they shall prepare and submit to the Secretary of State under section 36 of this Act a further regional plan for that purpose; and any such further regional plan may—

In relation to a further regional plan which contains proposals for supplementing or amending a regional plan or part of a regional plan which has been previously approved by the Secretary of State (in this subsection referred to as " the approved plan ")—

Where the Secretary of State approves a regional plan, in whole or in part, he shall give notice in writing of his approval to the committee for the planning area concerned specifying the date on which the plan is to come into operation, and the committee shall send a copy of the notice to each of the relevant authorities and to any voluntary organisation whose consent was required to any provision of the plan.

The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any voluntary home which, in accordance with a regional plan approved by him, is designated as a controlled or assisted community home.

Where in accordance with a regional plan approved by the Secretary of State, two or more voluntary homes are designated as controlled community homes or as assisted community homes, then if— a single instrument of management may be made by the Secretary of State under this section constituting one body of managers for those homes or for any two or more of them.

The number of persons who, in accordance with an instrument of management under this section, constitute the body of managers for a voluntary home shall be such number, being a multiple of three, as may be specified in the instrument of management, but the instrument shall provide that a proportion of the managers shall be appointed by such local authority as may be so specified and—

An instrument of management shall provide that the " foundation managers ", that is to say, those of the managers of the voluntary home to which the instrument relates who are not appointed by a local authority in accordance with subsection (3) of this section, shall be appointed, in such manner and by such persons as may be specified in the instrument.—

An instrument of management under this section shall come into force on such date as may be specified in the instrument, and if such an instrument is in force in relation to a voluntary home the home shall be and be known as a controlled community home or an assisted community home, according to its designation in the regional plan.

An instrument of management for a controlled or assisted community home shall contain such provisions as the Secretary of State considers appropriate for giving effect to the provisions of the regional plan by which the home is designated as a controlled or assisted community home, but nothing in the instrument of management for such a home shall affect the purposes for which the premises comprising the home are held.

Without prejudice to the generality of subsection (1) of this section, an instrument of management may contain—

Subject to subsection (1) of this section, in the event of any inconsistency between the provisions of any trust deed and the instrument of management relating to a controlled or assisted community home, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to that home.

After consultation with the voluntary organisation by which a controlled or assisted community home is provided and with the local authority specified in the instrument of management for the time being in force for that home, the Secretary of State may vary or revoke any provisions of that instrument of management by a further instrument of management.

In this Act the expression " trust deed ", in relation to a voluntary home, means any instrument (other than an instrument of management) regulating the maintenance, management or conduct of the home or the constitution of a body of managers or trustees of the home.

The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in the instrument of management for that home, and in the following provisions of this section " the responsible authority ", in relation to such a home, means the local authority responsible for its management, equipment and maintenance.

Subject to the following provisions of this section, the responsible authority shall exercise their functions in relation to a controlled community home through the body of managers constituted by the instrument of management for the home, and any thing done, liability incurred or property acquired by the managers shall be done, incurred or acquired by the managers as agents of the responsible authority.

In so far as any matter is reserved for the decision of the responsible authority, either by subsection (4) of this section or by the instrument of management for the controlled community home in question or by the service by the responsible authority on the managers or any of them of a notice reserving any matter, that matter shall be dealt with by the responsible authority themselves and not by the managers, but in dealing with any matter so reserved, the responsible authority shall have regard to any representations made to them by the managers.

The employment of persons at a controlled community home shall be a matter reserved for the decision of the responsible authority, but where the instrument of management so provides the responsible authority may enter into arrangements with the voluntary organisation by which the home is provided whereby, in accordance with such terms as may be agreed between the responsible authority and the voluntary organisation, persons who are not in the employment of the responsible authority shall undertake duties at the home.

The accounting year of the managers of a controlled community home shall be such as may be specified by the responsible authority and, before such date in each accounting year as may be so specified, the managers of a controlled community home shall submit to the responsible authority estimates, in such form as the authority may require, of expenditure and receipts in respect of the next accounting year; and any expenses incurred by the managers of a controlled community home with the approval of the responsible authority shall be defrayed by that authority.

The managers of a controlled community home shall keep proper accounts in respect of that home and proper records in relation to the accounts, but where an instrument of management relates to more than one controlled community home, one set of accounts and records may be kept in respect of all the homes to which the instrument relates.

The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided, and in the following provisions of this section " the responsible organisation ", in relation to such a home, means the voluntary organisation responsible for its management, equipment and maintenance.

Subject to the following provisions of this section, the responsible organisation shall exercise its functions in relation to the home through the body of managers constituted by the instrument of management for the home, and any thing done, liability incurred or property acquired by the managers shall be done, incurred or acquired by the managers as agents of the responsible organisation.

In so far as any matter is reserved for the decision of the responsible organisation, either by subsection (4) of this section or by the instrument of management for the assisted community home in question or by the service by the responsible organisation on the managers or any of them of a notice reserving any matter, that matter shall be dealt with by the responsible organisation itself and not by the managers, but in dealing with any matter so reserved the responsible organisation shall have regard to any representations made to the organisation by the managers.

The employment of persons at an assisted community home shall be a matter reserved for the decision of the responsible organisation but, subject to subsection (5) of this section.—

Paragraphs (a) and (b) of subsection (4) of this section shall not apply—

The accounting year of the managers of an assisted community home shall be such as may be specified by the responsible organisation and, before such date in each accounting year as may be so specified, the managers of an assisted community home shall submit to the responsible organisation estimates, in such form as the organisation may require, of expenditure and receipts in respect of the next financial year; and all expenses incurred by the managers of an assisted community home with the approval of the responsible organisation shall be defrayed by the organisation.

The managers of an assisted community home shall keep proper accounts in respect of that home and proper records in relation to those accounts, but where an instrument of management relates to more than one assisted community home, one set of accounts and records may be kept in respect of all the homes to which the instrument relates.

The Secretary of State may make regulations with respect to the conduct of community homes and for securing the welfare of the children in community homes.

Without prejudice to the generality of subsection (1) of this section, regulations under this section may—

Without prejudice to the power to make regulations under this section conferring functions on the local authority or voluntary organisation by which a community home is provided or on the managers of a controlled or assisted community home, regulations under this section may confer functions in relation to a controlled or assisted community home on the local authority named in the instrument of management for the home.

Where it appears to the Secretary of State that any premises used for the purposes of a community home are unsuitable for those purposes, or that the conduct of a community home is not in accordance with regulations made by him under this section or is otherwise unsatisfactory, he may by notice in writing served on the responsible body, direct that as from such date as may be specified in the notice the premises shall not be used for the purposes of a community home.

Where the Secretary of State has given a direction in relation to a controlled or assisted community home under subsection (4) of this section and the direction has not been revoked, the Secretary of State may at any time by order revoke the instrument of management for that home.

For the purposes of subsection (4) of this section the responsible body—

Subject to subsection (5) of this section, where any dispute relating to a controlled community home arises between the local authority specified in the instrument of management and either the voluntary organisation by which the home is provided or any other local authority who have placed, or desire or are required to place, a child in their care in the home, the dispute may be referred by either party to the Secretary of State for his determination.

Subject to subsection (5) of this section, where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, a child in their care in the home, the dispute may be referred by either party to the Secretary of State for his determination.

Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned.

The provisions of this section shall apply notwithstanding that the matter in dispute may be one which, under or by virtue of the preceding provisions of this Part of this Act, is reserved for the decision, or is the responsibility, of the local authority specified in the instrument of management or, as the case may be, the voluntary organisation by which the home is provided.

Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section.

If in the case of any approved school, or remand home within the meaning of the Criminal Justice Act 1948 or approved probation hostel . . . (hereafter in this section referred to as an “approved institution”) it appears to the Secretary of State that in consequence of the establishment of community homes for a planning area the institution as such is no longer required, he may by order provide that it shall cease to be an approved institution on a date specified in the order.

The provisions of Schedule 3 to this Act shall have effect in relation to institutions which are, or by virtue of this section have ceased to be, approved institutions.

The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the Secretary of State and the local authority specified in the instrument of management not less than two years' notice in writing of their intention to do so.

A notice under subsection (1) of this section shall specify the date from which the voluntary organisation intends to cease to provide the home as a community home; and where such a notice is given and is not withdrawn before the date specified in it, then, subject to subsection (4) of this section the instrument of management for the home shall cease to have effect on that date and accordingly the home shall then cease to be a controlled or assisted community home.

Where a notice is given under subsection (1) of this section, the local authority to whom the notice is given shall inform the children's regional planning committee responsible for the regional plan under which the voluntary home in question was designated as a controlled or assisted community home of the receipt and content of the notice.

Where a notice is given under subsection (1) of this section and the body of managers for the home to which the notice relates give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers of the home until the date specified in the first-mentioned notice, the Secretary of State may by order—

Where the Secretary of State makes such a requirement as is specified in subsection (4)(b) of this section.—

Where the instrument of management for a controlled or assisted community home ceases to have effect by virtue either of an order under section 43(5) of this Act or of subsection (2) or subsection (4)(a) of section 47 of this Act, the voluntary organisation by which the home was provided or, if the premises used for the purposes of the home are not vested in that organisation, the persons in whom those premises are vested (in this section referred to as " the trustees of the home "), shall become liable, in accordance with the following provisions of this section, to make repayment in respect of any increase in the value of the premises and other property belonging to the voluntary organisation or the trustees of the home which is attributable to the expenditure of public money thereon.

Where an instrument of management has ceased to have effect as mentioned in subsection (1) of this section and the instrument related— then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the local authority specified in that instrument of management a sum equal to that part of the value of any relevant premises which is attributable to expenditure by the local authority who at the time the expenditure was incurred had responsibility for the management, equipment and maintenance of the home by virtue of section 41(1) of this Act.

For the purposes of subsection (2) of this section, " relevant premises", in relation to a controlled or assisted community home, means premises used for the purposes of the home and belonging to the voluntary organisation or the trustees of the home but erected, extended or improved, at any time while the home was a controlled community home, by the local authority having, at that time, such responsibility in relation to the home as is mentioned in subsection (2) of this section.

Where an instrument of management has ceased to have effect as mentioned in subsection (1) of this section and the instrument related— then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the Secretary of State a sum equal to that part of the value of the premises and any other property used for the purposes of the home which is attributable to the expenditure of money provided by way of grant under section 65 of this Act.

Where an instrument of management has ceased to have effect as mentioned in subsection (1) of this section and the controlled or assisted community home to which it related was conducted in premises which formerly were used as an approved school or were an approved probation hostel or home but which were designated as a community home in a regional plan approved by the Secretary of State, then, on the home ceasing to be a community home, the voluntary organisation by which the home was provided or, as the case may be, the trustees of the home, shall pay to the Secretary of State a sum equal to that part of the value of the premises concerned and of any other property used for the purposes of the home and belonging to the voluntary organisation or the trustees of the home which is attributable to the expenditure—

The amount of any sum payable under this section by the voluntary organisation by which a controlled or assisted community home was provided or by the trustees of the home shall be determined in accordance with such arrangements— and with the agreement of the local authority concerned or the Secretary of State, as the case may be, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises or other property used for the purposes of the home in question.

The provisions of this section shall have effect notwithstanding anything in any trust deed for a controlled or assisted community home and notwithstanding the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.

Any sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

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At the end of paragraph (c) of subsection (3) of the said section 2 (which provides that a child is not a foster child while he is in the care of any person in a school) there shall be added the words " in which he is receiving full time education ".

After subsection (3) of the said section 2 there shall be inserted the following subsection:—

Section 37 of the Adoption Act 1958 (which defines “ protected child” for the purposes of Part IV of that Act) shall have effect subject to the following modifications:—

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Section 3 of the Children Act 1958 (which requires any person maintaining foster children to notify the local authority on each occasion on which he receives a foster child) shall have effect subject to the following provisions of this section.

In subsection (1) of the section (which requires at least two weeks advance notice of, or, in an emergency, notice within one week after, the reception of a foster child) at the beginning there shall be inserted the words " Subject to the following provisions of this section ", after the words " two weeks" there shall be inserted the words " and not more than four weeks " and for the words "one week" there shall be substituted the words " forty-eight hours ".

In subsection (2) of the section (which relates to the content of the notice) after the word " specify " there shall be inserted the words " the date on which it is intended that the child should be received or, as the case may be, on which the child was in fact received or became a foster child and ".

After subsection (2) of the section there shall be inserted the following subsection :—

In subsection (3) of the section (which relates to notification of changes of address of foster parents and requires similar periods of notice as under subsection (1))—

So much of subsection (4) of the section as requires notification that a foster child has been removed or has removed himself from the care of the person maintaining him shall cease to have effect and, accordingly, in that subsection for the words " that person " there shall be substituted the words " the person who was maintaining him " and in subsection (5) of the section (which dispenses with the need for such a notice where a child ceases to be a foster child on his removal from a foster parent but empowers the local authority concerned to require certain particulars in such a case)—

After subsection (5) of the section there shall be inserted the following subsections:—

In section 4(1) of the Children Act 1958 (which empowers an officer of a local authority to inspect premises in the local authority's area in which foster children are being kept) after the word " in " in the second place where it occurs there shall be inserted the words " the whole or any part of ".

After the said section 4(1) there shall be inserted the following subsection:—

At the end of paragraph (b) of section 14(1) of the Children Act 1958 (which makes it an offence under that section to refuse to allow an inspection of any premises under section 4(1) of that Act) there shall be added the words " or wilfully obstructs a person entitled to enter any premises by virtue of a warrant under subsection (1A) of that section ".

In section 4(2) of the Children Act 1958 (which empowers a local authority to impose certain requirements on a person who keeps or proposes to keep foster children in premises used wholly or mainly for that purpose) for the word " mainly " there shall be substituted the word " partly ".

After paragraph (f) of the said section 4(2) there shall be inserted the following paragraphs:—

In the words following the several paragraphs of the said section 4(2), after the word "but" there shall be inserted the words " any such requirement may be limited to a particular class of foster children kept in the premises and " and for the words " (b) to (f) " there shall be substituted the words " (b) to (h) ".

For subsection (3) of section 4 of the Children Act 1958 (which empowers a local authority to prohibit a person from keeping a particular foster child or any foster children at particular premises) there shall be substituted the following subsections:—

In section 5(1) of the Children Act 1958 (which confers a right of appeal to a juvenile court within fourteen days of the imposition of a requirement or prohibition under section 4 of that Act) after the word " prohibition ", in the second place where it occurs, there shall be inserted the words " or, in the case of a prohibition imposed under subsection (3A) of that section, within fourteen days from the refusal by the local authority to accede to an application by him for the cancellation of the prohibition ".

In section 6 of the Children Act 1958 (which provides that a person shall not, without the consent of the local authority, maintain a foster child if one or more of a variety of orders has been made against him) there shall be made the following amendments, that is to say—

At the end of the said section 6 there shall be added the following subsection: — and accordingly the said section 6 as amended by the preceding subsection shall be subsection (1) of that section.

After subsection (1) of section 14 of the Children Act 1958 (which, among other matters, makes it an offence to maintain a foster child in contravention of section 6 of that Act) there shall be inserted the following subsection:—

After subsection (2) of the said section 14 (which provides that offences under that section are punishable summarily) there shall be added the following subsection :—

Subject to subsection (2) of this section, the Secretary of State may cause to be inspected from time to time—

Subsection (1) of this section does not apply to any home or other premises which is, as a whole, subject to inspection by or under the authority of a government department.

An inspection under this section shall be conducted by a person authorised in that behalf by the Secretary of State, but an officer of a local authority shall not be so authorised except with the consent of that authority.

Any person inspecting a home or other premises under this section may inspect the children therein and make such examination into the state and management of the home or other premises and the treatment of children therein as he thinks fit.

A person authorised to inspect any home or other premises under section 58 of this Act shall have a right to enter the home or other premises for that purpose and for any other purpose specified in subsection (4) of that section, but shall if so required produce some duly authenticated document showing his authority to exercise the power of entry conferred by this subsection.

A person who obstructs the exercise by a person authorised as mentioned in subsection (1) of this section of a power of entry conferred thereby shall be liable on summary conviction to a fine not exceeding five pounds or, in the case of a second or subsequent conviction, to a fine not exceeding twenty pounds.

A refusal to allow any such person as is mentioned in subsection (1) of this section to enter any such home or other premises as are mentioned in section 58(1) of this Act shall be deemed, for the purposes of section 40 of the Act of 1933 (which relates to search warrants), to be a reasonable cause to suspect that a child or young person in the home or other premises is being neglected in a manner likely to cause him unnecessary suffering or injury to health.

There shall be included— any offence of the kind described in section 1 of the Act of 1933 (which relates to cruelty to persons under sixteen) and any offence of the kind described in section 1 of the Indecency with Children Act 1960.

Nothing in this Act shall be construed as derogating from the provisions of section 17 of the said Act of 1870 or section 16(2) or 17 of the said Act of 1967 in their application to any provisions of those Acts respectively as amended by the preceding subsection.

Without prejudice to the generality of the power to make rules under section 15 of the Justices of the Peace Act 1949 relating to the procedure and practice to be followed by magistrates' courts, provision may be made by such rules with respect to any of the following matters, namely.—

Rules making any such provisions as are referred to in subsection (1) of this section may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules and may, in particular, provide for the appointment of juvenile court panels by him and for the removal from a juvenile court panel of any justice who, in his opinion, is unsuitable to serve on a juvenile court.

Rules made by virtue of this section may make different provision in relation to different areas for which juvenile court panels are formed ; and in the application of this section to the county palatine of Lancaster, for any reference in the preceding subsection to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy.

Nothing in this section or in any rules made under section 15 of the said Act of 1949 shall affect— but rules under the said section 15 may repeal, either generally or with respect to any part of the metropolitan area, any provision contained in paragraphs 15 to 18 of that Schedule (which contain provisions applicable in the metropolitan area with respect to certain of the matters referred to in subsection (1) of this section) and in subsections (2) and (3) of section 12 of the Administration of Justice Act 1964 (which amend those paragraphs).

In this section "the metropolitan area " means the inner London area and the City of London.

The provisions of sections 86 to 88 of the Act of 1933 (which, as originally enacted, provided for contributions in respect of children and young persons committed to the care of a fit person or sent to an approved school) shall apply in relation to children and young persons committed to the care of a local authority by a care order which is not an interim order.

Whether or not a contribution order has been made in respect of any child or young person in the care of a local authority, no contribution shall be payable in respect of him for any period during which he is allowed by the local authority to be under the charge and control of a parent, guardian, relative or friend, although remaining in the care of the local authority.

Where a person (in this section referred to as a " contributory ") is liable under section 86 of the Act of 1933 to make a contribution in respect of a child or young person in the care of a local authority, then, subject to the following provisions of this section, the amount of his contribution shall be such as may be proposed by the local authority and agreed by the contributory or, in default of agreement, as may be determined by a court in proceedings for, or for the variation of, a contribution order.

The maximum contribution which may be proposed by a local authority in respect of a child or young person in their care shall be a weekly amount equal to the weekly amount which, in the opinion of the local authority, they would normally be prepared to pay if a child or young person of the same age were boarded out by them (whether or not the child or young person in respect of whom the contribution is proposed is in fact so boarded out and, if he is, whether or not the local authority are in fact paying that amount).

No contribution order shall be made on a contributory in respect of a child or young person unless—

In proceedings for a contribution order, the court shall not order a contributory to pay a contribution greater than that proposed in the notice given to him under subsection (5)(a) of this section.

In proceedings for the variation of a contribution order, the local authority concerned shall specify the weekly amount which, having regard to subsection (4) of this section, they propose should be the amount of the contribution and the court shall not vary the contribution order so as to require the contributory to pay a contribution greater than that proposed by the local authority.

In this section—

Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State such particulars as he may require—

Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the children who are accommodated and maintained in voluntary homes provided by the organisation or who have been boarded out by the organisation.

The clerk of each juvenile court shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to the proceedings of the court.

The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under the preceding provisions of this section.

The Secretary of State shall lay before Parliament in 1973 and in every third subsequent year a report with respect to the exercise by local authorities of the functions specified in section 39(1) of the Children Act 1948, the provision by voluntary organisations of facilities for children and such other matters relating to children as he thinks fit.

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Where an order has been made under section 46 of this Act in relation to an approved institution within the meaning of that section and no part of the premises occupied by the institution forms part of a controlled or assisted community home.

No grant shall be made under subsection (3) of this section in respect of a liability relating to an institution unless it appears to the Secretary of State that, on or within a reasonable time after the date specified in the order referred to in that subsection, the premises of the institution are to be used for a purpose which is of benefit to children; and any grant made under that subsection shall be subject to such conditions as the Secretary of State may with the approval of the Treasury determine, including conditions with respect to the repayment in whole or in part of the grant, either by the person to whom the grant was made or by some other person who, before the grant was made, consented to accept the liability.

Any sums received by the Secretary of State by virtue of any such condition as is referred to in subsection (4) of this section shall be paid into the Consolidated Fund.

The power to make an order under section 4(1) of the Local Government Act 1974 increasing the amounts fixed by a rate support grant order for a particular year shall be exercisable, in accordance with subsection (2) of this section, in relation to any rate support grant order made before the date of the coming into operation of any provision of this Act (in this section referred to as “the relevant provision”) for a grant period ending after that date.

Without prejudice to subsection (6) of the said section 4 (which empowers an order under subsection (1) of that section to vary the matters prescribed by a rate support grant order), an order under subsection (1) of that section made by virtue of this section may be made for such year or years comprised in the grant period concerned as may be specified in the order and in respect of the year or each of the years so specified shall increase the amounts fixed by the relevant rate support grant order as the aggregate amounts of the rate support grants and any elements of the grants for that year to such extent and in such a manner as may appear to the Secretary of State to be appropriate, having regard to any additional expenditure incurred or likely to be incurred by local authorities in consequence of the coming into operation of the relevant provision.

In this section “grant period” means the period for which a rate support grant order is made.

There shall be defrayed out of moneys provided by Parliament any increase in rate support grants attributable to this Act.

A local authority other than a county council may be authorised by the Secretary of State to purchase compulsorily any land, whether situated inside or outside their area, for the purposes of their functions under this Act or section 1 of the Act of 1963.

The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) of this section as if that subsection were contained in an Act in force immediately before the commencement of that Act.

In the application to the functions of a county council under this Act or section 1 of the Act of 1963 of section 159(1) of the Local Government Act 1933 (under which a county council may be authorised to purchase land compulsorily) the power to authorise a compulsory purchase shall be vested in the Secretary of State.

Any power conferred on the Secretary of State by this Act to make an order or regulations, except an order under section 25,. . . or paragraph 23 or 24 of Schedule 4, shall be exercisable by statutory instrument; and any statutory instrument made in pursuance of this subsection, except an instrument containing only regulations under paragraph 8(2) of Schedule 3 or an order under section 1(6), 26, 46, , 72(2) or 73(2), or paragraph 11(2) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing regulations under subsection (4) of section 5 or an order under section 34 of this Act shall not be subject to annulment as aforesaid, but no such regulations or order shall be included in a statutory instrument containing provisions which do not require approval in pursuance of the said subsection (4) or, as the case may be, to which subsection (7) of the said section 34 does not apply.

An order made or directions given by the Secretary of State under any provision of this Act, except an order under section 7(5), may be revoked or varied by a subsequent order or subsequent directions under that provision.

Any order or regulations made by the Secretary of State under this Act may—

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In this Act, unless the contrary intention appears, the following expressions have the following meanings:— and it is hereby declared that, in the expression “care or control”, “care” includes protection and guidance and “control” includes discipline.

In the case of a child or young person— any reference in this Act to the parent of the child or young person includes (unless the contrary intention appears) a reference to the father.

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In subsection (1A) of this section, the reference to a child or young person whose father and mother were not married to, or civil partners of, each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 and “ child arrangements order” has the meaning given by section 8(1) of the Children Act 1989.

In section 99(1) of the Act of 1933 (under which the age which a court presumes or declares to be the age of a person brought before it is deemed to be his true age for the purposes of that Act) the references to that Act shall be construed as including references to this Act.

Subject to the following subsection, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment including this Act.

Any reference in this Act to an enactment of the Parliament of Northern Ireland shall be construed as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament for the time being in force which re-enacts the said enactment with or without modifications.

The transitional provisions and savings set out in Part I of Schedule 4 to this Act shall have effect.

The transitional provisions set out in Part II of Schedule 4 to this Act shall have effect until such day as the Secretary of State may by order specify for the purposes of this subsection (being the day on and after which those provisions will in his opinion be unnecessary in consequence of the coming into force of provisions of the Social Work (Scotland) Act 1968) and shall be deemed to have been repealed on that day by an Act of Parliament passed after this Act.

The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments specified in that Schedule (which are minor amendments and amendments consequential on the provisions of this Act).

Subject to subsection (1) of this section, the enactments mentioned in the first and second columns of Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

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This Act may be cited as the Children and Young Persons Act 1969, and this Act and the Children and Young Persons Acts 1933 to 1963 may be cited together as the Children and Young Persons Acts 1933 to 1969.

This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different provisions of this Act so far as they apply to such cases only as may be specified in the order.

Without prejudice to the generality of section 69(4) of this Act, an order under the preceding subsection may make such transitional provision as the Secretary of State considers appropriate in connection with the provisions brought into force by the order, including such adaptations of those provisions and of any other provisions of this Act then in force as appear to him appropriate for the purposes or in consequence of the operation of any provision of this Act before the coming into force of any other provision of this Act or of a provision of the Social Work (Scotland) Act 1968.

This section and the following provisions only of this Act extend to Scotland, that is to say—

This section and the following provisions only of this Act extend to Northern Ireland, that is to say— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 26 of this Act and this section, and section 72(4) of this Act and Schedule 6 to this Act so far as they relate to paragraph 13 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937 and section 53(1) of, and paragraph 34 of Schedule 3 to, the Act of 1963, extend to the Channel Islands and the Isle of Man, and section 32(1) to (1C) and (4) of this Act and this section extend to the Channel Islands.

It is hereby declared that the provisions of sections 69 and 70 of this Act extend to each of the countries aforesaid so far as is appropriate for the purposes of any other provisions of this Act extending to the country in question.

Any local authority, constable or authorised person who reasonably believes that there are grounds for making an order under this section in respect of a child or young person may, subject to section 2(3) and (8) of this Act, bring him before a juvenile court.

If the court before which a child or young person is brought under this section is of opinion that any of the following conditions is satisfied with respect to him, that is to say— and also that he is in need of care or control which he is unlikely to receive unless the court makes an order under this section in respect of him, then, subject to the following provisions of this section and sections 2 and 3 of this Act, the court may if it thinks fit make such an order.

The order which a court may make under this section in respect of a child or young person is—

In any proceedings under this section the court may make orders in pursuance of paragraphs (c) and (d) of the preceding subsection but subject to that shall not make more than one of the orders mentioned in the preceding subsection, without prejudice to any power to make a further order in subsequent proceedings of any description; and if in proceedings under this section the court makes one of those orders and an order so mentioned is already in force in respect of the child or young person in question, the court may discharge the earlier order unless it is a hospital or guardianship order.

An order under this section shall not be made in respect of a child or young person—

In this section " authorised person" means a person authorised by order of the Secretary of State to bring proceedings in pursuance of this section and any officer of a society which is so authorised, and in sections 2 and 3 of this Act "care proceedings " means proceedings in pursuance of this section and " relevant infant" means the child or young person in respect of whom such proceedings are brought or proposed to be brought.

If a local authority receive information suggesting that there are grounds for bringing care proceedings in respect of a child or young person who resides or is found in their area, it shall be the duty of the authority to cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary.

If it appears to a local authority that there are grounds for bringing care proceedings in respect of a child or young person who resides or is found in their area, it shall be the duty of the authority to exercise their power under the preceding section to bring care proceedings in respect of him unless they are satisfied that it is neither in his interest nor the public interest to do so or that some other person is about to do so or to charge him with an offence.

No care proceedings shall be begun by any person unless that person has given notice of the proceedings to the local authority for the area in which it appears to him that the relevant infant resides or, if it appears to him that the relevant infant does not reside in the area of a local authority, to the local authority for any area in which it appears to him that any circumstances giving rise to the proceedings arose; but the preceding provisions of this subsection shall not apply where the person by whom the notice would fall to be given is the local authority in question.

Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of the relevant infant before the court in which care proceedings are brought or proposed to be brought in respect of him; but subsections (3) and (4) of section 47 of the Magistrates' Courts Act 1952 (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word " summons " there were inserted the words " cannot be served or ".

Where the relevant infant is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court aforesaid, the person in whose custody he is— and the justice shall either make an interim order in respect of him or direct that he be released forthwith.

Section 77 of the Magistrates' Courts Act 1952 (under which a summons or warrant may be issued to secure the attendance of a witness) shall apply to care proceedings as it applies to the hearing of a complaint.

In determining whether the condition set out in subsection (2)(b) of the preceding section is satisfied in respect of the relevant infant, it shall be assumed that no order under that section is to be made in respect of him.

In relation to the condition set out in subsection (2)(e) of the preceding section the references to a local authority in that section and subsections (1), (2) and (11)(b) of this section shall be construed as references to a local education authority; and in any care proceedings—

If on application under this subsection to the court in which it is proposed to bring care proceedings in respect of a relevant infant who is not present before the court it appears to the court that he is under the age of five and either— the court may if it thinks fit, after giving the parent or guardian if he is present an opportunity to be heard, give a direction under this subsection in respect of the relevant infant; and a relevant infant in respect of whom such a direction is given by a court shall be deemed to have been brought before the court under section 1 of this Act at the time of the direction, and care proceedings in respect of him may be continued accordingly.

If the court before which the relevant infant is brought in care proceedings is not in a position to decide what order, if any, ought to be made under the preceding section in respect of him, the court may make an interim order in respect of him.

If it appears to the court before which the relevant infant is brought in care proceedings that he resides in a petty sessions area other than that for which the court acts, the court shall, unless it dismisses the case and subject to subsection (5) of the following section, direct that he be brought under the preceding section before a juvenile court acting for the petty sessions area in which he resides; and where the court so directs—

The relevant infant may appeal to quarter sessions against any order made in respect of him under the preceding section except such an order as is mentioned in subsection (3)(a) of that section.

Such an order as is mentioned in subsection (3)(a) of the preceding section shall not require the parent or guardian in question to enter into a recognisance for an amount exceeding fifty pounds or for a period exceeding three years or, where the relevant infant will attain the age of eighteen in a period shorter than three years, for a period exceeding that shorter period; and section 96 of the Magistrates' Courts Act 1952 (which relates to the forfeiture of recognisances) shall apply to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace.

For the purposes of this Act, care proceedings in respect of a relevant infant are begun when he is first brought before a juvenile court in pursuance of the preceding section in connection with the matter to which the proceedings relate.

In any care proceedings, no account shall be taken for the purposes of the condition set out in paragraph (f) of subsection (2) of section 1 of this Act (hereafter in this section referred to as " the offence condition ") of an offence alleged to have been committed by the relevant infant if—

In any care proceedings the court shall not entertain an allegation that the offence condition is satisfied in respect of the relevant infant unless the proceedings are brought by a local authority or a constable; but nothing in this or the preceding subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether the offence condition is satisfied in respect of the relevant infant.

If in any care proceedings the relevant infant is alleged to have committed an offence in consequence of which the offence condition is satisfied with respect to him, the court shall not find the offence condition satisfied in consequence of the offence unless, disregarding section 4 of this Act, it would have found him guilty of the offence if the proceedings had been in pursuance of an information duly charging him with the offence and the court had had jurisdiction to try the information; and without prejudice to the preceding provisions of this subsection the same proof shall be required to substantiate or refute an allegation that the offence condition is satisfied in consequence of an offence as is required to warrant a finding of guilty, or as the case may be, of not guilty of the offence.

A person shall not be charged with an offence if in care proceedings previously brought in respect of him it was alleged that the offence condition was satisfied in consequence of that offence.

If in any care proceedings in which it is alleged that the offence condition is satisfied in respect of the relevant infant it appears to the court that the case falls to be remitted to another court in pursuance of subsection (11) of the preceding section but that it is appropriate to determine whether the condition is satisfied before remitting the case, the court may determine accordingly; and any determination under this subsection shall be binding on the court to which the case is remitted.

Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant in consequence of an indictable offence within the meaning of the Magistrates' Courts Act 1952 then, whether or not the court makes an order under section 1 of this Act— but where the finding in question is made in pursuance of the preceding subsection, the powers conferred by this subsection shall be exercisable by the court to which the case is remitted instead of by the court which made the finding. For the purposes of this subsection an offence under section 14(1) of the Criminal Justice Administration Act 1914 (which provides for damage committed wilfully or maliciously to be punishable on summary conviction) shall be treated as an indictable offence within the meaning of the said Act of 1952.

Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant and he is a young person, the court may if it thinks fit and he consents, instead of making such an order as is mentioned in section 1(3) of this Act, order him to enter into a recognisance for an amount not exceeding twenty-five pounds and for a period not exceeding one year to keep the peace or to be of good behaviour; and such an order shall be deemed to be an order under section 1 of this Act but no appeal to quarter sessions may be brought against an order under this subsection.

Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant in consequence of an offence which was not admitted by him before the court, then— the relevant infant may appeal to quarter sessions against the finding, and in a case falling within paragraph (a) of this subsection any notice of appeal shall be given within fourteen days after the date of the decision mentioned in that paragraph; and a person ordered to pay compensation by virtue of subsection (6) of this section may appeal to quarter sessions against the order.

An appeal in pursuance of the preceding subsection or subsection (12) of the preceding section against an order made by a court in consequence of a finding made by another court by virtue of subsection (5) of this section shall lie to the same quarter sessions as would have had jurisdiction to entertain an appeal under subsection (8) of this section against the finding if the court had decided not to make any order.

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It shall be the duty of a person who decides to lay an information in respect of an offence in a case where he has reason to believe that the alleged offender is a young person to give notice of the decision to the appropriate local authority unless he is himself that authority.

In this section— and . . .; but nothing in this section shall be construed as preventing any council or other body from acting by an agent for the purposes of this section.

Where a person under the age of seventeen appears or is brought before a magistrates' court on an information charging him with an offence, other than homicide, which is an indictable offence within the meaning of the Magistrates' Courts Act 1952, he shall be tried summarily unless— and accordingly in a case falling within paragraph (a) or paragraph (b) of this subsection the court shall, if it is of opinion that there is sufficient evidence to put the accused on trial, commit him for trial.

In sections 18(1) and 25(1) of the said Act of 1952 (which provide for the trial on indictment of persons aged fourteen or over who are charged with certain summary offences within the meaning of that Act) for the word "fourteen" there shall be substituted the word " seventeen ".

If on trying a person summarily in pursuance of subsection (1) of this section the court finds him guilty, it may impose a fine of an amount not exceeding fifty pounds or may exercise the same powers as it could have exercised if he had been found guilty of an offence for which, but for section 107(2) of the said Act of 1952, it could have sentenced him to imprisonment for a term not exceeding three months.

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Section 5 of the said Act of 1961 (which provides for detention for defaults) shall cease to apply to young persons.

An order sending a person to an approved school shall not be made after such day as the Secretary of State may by order specify for the purposes of this subsection.

Sections 54 and 57 of the Act of 1933 (which among other things enables a child or young person found guilty of an offence to be sent to a remand home or committed to the care of a fit person) shall cease to have effect.

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If a police officer not below the rank of inspector makes an application on oath to a justice stating— the justice may if he thinks fit issue a summons or warrant for the purpose of securing the attendance of the young person before a magistrates' court with a view to the making of such an order in respect of him.

The court before which a young person appears in pursuance of a summons or warrant under the preceding subsection may if it thinks fit order his finger and palm prints to be taken by a constable.

Subsections (2) and (4) of section 40 of the Magistrates' Courts Act 1952 (which respectively relate to the taking and destruction of finger and palm prints) shall have effect as if references to an order under that section included references to an order under the preceding subsection and, in relation to an order under the preceding subsection, as if for the words from " remanded " to " committed " in subsection (2) there were substituted the words " lawfully detained at any place, at that place " and as if the reference to acquittal in subsection (4) included a reference to a finding of a court that the condition set out in section 1(2)(f) of this Act is not satisfied in consequence of the offence specified in the application mentioned in subsection (1) of this section.

Where a local authority ... bring . . . proceedings for an offence alleged to have been committed by a young person or are notified that any such proceedings are being brought, it shall be the duty of the authority, unless they are of opinion that it is unnecessary to do so, to make such investigations and provide the court before which the proceedings are heard with such information relating to the home surroundings, school record, health and character of the person in respect of whom the proceedings are brought as appear to the authority likely to assist the court.

If the court mentioned in subsection (1) of this section requests the authority aforesaid to make investigations and provide information or to make further investigations and provide further information 4 relating to the matters aforesaid, it shall be the duty of the authority to comply with the request.

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A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section.

Subject to section 19(6) of this Act, a supervision order may require the supervised person to comply with such directions of the supervisor as are mentioned in paragraph (a) or (b) or paragraphs (a) and (b) of this subsection, that is to say— but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of the preceding provisions of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by subsection (4) of this section.

The periods specified in directions given by virtue of subsection (2) of this section in pursuance of a supervision order shall be in accordance with the following provisions, that is to say—

Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 28 of the Mental Health Act 1959, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part V of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

A requirement shall not be included in a supervision order in pursuance of the preceding subsection— and a requirement so included shall not in any case continue in force after the supervised person becomes eighteen.

A court shall not designate a local authority as the supervisor by a provision of a supervision order unless the authority agree or it appears to the court that the supervised person resides or will reside in the area of the authority.

A court shall not insert in a supervision order a provision placing a child under the supervision of a probation officer unless the local authority of which the area is named or to be named in the order in pursuance of section 18(2)(a) of this Act so request and a probation officer is already exercising or has exercised, in relation to another member of the household to which the child belongs, duties imposed by paragraph 3(5) of Schedule 5 to the Criminal Justice Act 1948 or by rules under paragraph 6(b) of that Schedule.

Where a provision of a supervision order places a person under the supervision of a probation officer, the supervisor shall be a probation officer appointed for or assigned to the petty sessions area named in the order in pursuance of section 18(2)(a) of this Act and selected under arrangements made by the probation and after-care committee ; but if the probation officer selected as aforesaid dies or is unable to carry out his duties or if the case committee dealing with the case think it desirable that another officer should take his place, another probation officer shall be selected as aforesaid for the purposes of the order.

If while a supervision order is in force in respect of a supervised person who has not attained the age of eighteen it appears to a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by— and may on discharging the supervision order make a care order (other than an interim order) in respect of the supervised person ; but the powers of variation conferred by this subsection do not include power to insert in the supervision order, after the expiration of twelve months beginning with the date when the order was originally made, a requirement in pursuance of section 12(2)(a) of this Act or, after the expiration of three months beginning with that date, a requirement in pursuance of section 12(4) of this Act, unless in either case it is in substitution for such a requirement already included in the order.

If on an application in pursuance of the preceding subsection, in a case where the supervised person has attained the age of seventeen and the supervision order was not made by virtue of section 1 of this Act or on the occasion of the discharge of a care order, it appears to the court appropriate to do so it may proceed as if the application were in pursuance of subsection (3) or, if it is made by the supervisor, in pursuance of subsections (3) and (4) of this section and as if in that subsection or those subsections, as the case may be, the word " seventeen " were substituted for the word " eighteen " and the words " a magistrates' court other than " were omitted.

If while a supervision order is in force in respect of a supervised person who has attained the age of eighteen it appears to a magistrates' court other than a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by

If while a supervision order is in force in respect of a supervised person who has attained the age of eighteen it is proved to the satisfaction of a magistrates' court other than a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12 or section 18(2)(b) of this Act, the court may— and in a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents, the punishment imposed by virtue of paragraph (b) of this subsection shall not exceed that which any court having power to try such an offence could have imposed in respect of it and shall not in any event exceed imprisonment for a term of six months and a fine of four hundred pounds.

If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of section 12(4) of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion— the practitioner shall make a report in writing to that effect to the supervisor; and on receiving a report under this subsection the supervisor shall refer it to a juvenile court, and on such a reference the court may make an order cancelling or varying the requirement.

The preceding provisions of this section shall have effect subject to the provisions of the following section.

Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.

Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but subsections (3) and (4) of section 47 of the Magistrates' Courts Act 1952 (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word " summons " there were inserted the words " cannot be served or ".

If on an application to a court under subsection (1) of the preceding section— the court may make an interim order in respect of the supervised person.