Section 67 Recovery of children in care of local authorities.F1

Scotland

(1)

This section applies to a child—

(a)

who is in the care of a local authority under section 1 of the Children Act 1948; and

(b)

with respect to whom there is in force a resolution under section 2 of that Act; and

(c)

who—

(i)

has run away from accommodation provided for him by the local authority under Part II of the said Act; or

(ii)

has been taken away from such accommodation contrary to section 3(8) of the said Act; or

(iii)

has not been returned to the local authority as required by a notice served under section 49 of the M1Children and Young Persons Act 1963 on a person under whose charge and control the child was, in accordance with section 13(2) of the said Act of 1948, allowed to be.

(2)

If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce the child to whom this section applies, he may issue a summons directed to the person so specified and requiring him to attend and produce the child before a magistrates’ court acting for the same petty sessions area as the justice.

(3)

Without prejudice to the powers under subsection (2) above, if a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom this section applies is in premises specified in the information, he may issue a search warrant authorising a person named in the warrant, being an officer of the local authority in whose care the child is, to search the premises for the child; and if the child is found, he shall be placed in such accommodation as the local authority may provide for him under Part II of the Children Act 1948.

(4)

A person who, without reasonable excuse, fails to comply with a summons under subsection (2) shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Annotations

Textual amendments

F1: S. 67 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

Marginal citations

M1: 1963 c. 37(20).