OpenLegislation

Children and Young Persons Act 1933 in Scotland

23 & 24 Geo. 5 c. 12 · Enacted 13 April 1933 · Extends to United Kingdom

Not fully up to date. 49 changes made by later legislation have not yet been written into this text, which is revised to 29 October 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 12D(1A)-(1F)insertedPublic Health (Wales) Act 2017 s. 51
s. 79(1)-(3)(5)repealedChildren and Young Persons Act 1969 Sch. 6
s. 58repealedChildren and Young Persons Act 1969 Sch. 6
s. 77(2)(2A)repealedChildren and Young Persons Act 1969 Sch. 6
Sch. 4 para. 14repealedChildren and Young Persons Act 1969 Sch. 6
Sch. 4 para. 1-3repealedChildren and Young Persons Act 1969 Sch. 6
s. 106(3)-(5)repealedChildren and Young Persons Act 1969 Sch. 6
s. 104repealedChildren and Young Persons Act 1969 Sch. 6
s. 103repealedChildren and Young Persons Act 1969 Sch. 6
s. 81(1)(3)repealedChildren and Young Persons Act 1969 Sch. 6
s. 80repealedChildren and Young Persons Act 1969 Sch. 6
s. 31(1)s. 31 renumbered as s. 31(2)Criminal Justice Act 1991 Sch. 8 para. 1(1)
s. 31(2)insertedCriminal Justice Act 1991 Sch. 8 para. 1(1)
Sch. 2 para. 2AaddedAccess to Justice Act 1999 Sch. 11 para. 12(4)
Sch. 2 para. 3excludedAccess to Justice Act 1999 Sch. 14 Pt. 5 para. 28(1)
Sch. 2 Pt. 1 para. 8amendedAccess to Justice Act 1999 s. 77(4)
Sch. 2 Pt. 1 para. 8ArepealedAccess to Justice Act 1999 Sch. 15 Pt. 5(1)
Sch. 2 Pt. 1 para. 9substitutedAccess to Justice Act 1999 s. 77(5)
Sch. 2 para. 9restricted (conditionally)Access to Justice Act 1999 Sch. 14 Pt. 5 para. 28(2)
Sch. 2 para. 13amendedAccess to Justice Act 1999 Sch. 10 para. 14 16(4)
Sch. 2 Pt. 1repealed in part (specified headings repealed )Access to Justice Act 1999 s. 77(1)(2) Sch. 15 Pt. 5(2)
Sch. 2 Pt. 2repealedAccess to Justice Act 1999 s. 77(6) Sch. 15 Pt. 5(2)
Sch. 2amended (headings inserted)Access to Justice Act 1999 Sch. 11 para. 12(1)(2)(4)
Sch. 2 para. 8amendedAccess to Justice Act 1999 Sch. 10 para. 14 16(3)
s. 36amended (1.1.2000)Access to Justice Act 1999 s. 73(1)
s. 36 provisorepealedAccess to Justice Act 1999 Sch. 15 Pt. 3
s. 42amendedAccess to Justice Act 1999 Sch. 13 para. 8 9
s. 45amendedAccess to Justice Act 1999 Sch. 13 para. 8 10
s. 45repealed in partAccess to Justice Act 1999 Sch. 15 Pt. 5(1)
s. 46amendedAccess to Justice Act 1999 Sch. 13 para. 8 11(a)
s. 48amendedAccess to Justice Act 1999 Sch. 10 para. 14 15
s. 56amendedAccess to Justice Act 1999 Sch. 13 para. 8 11(b)
s. 106amendedAccess to Justice Act 1999 Sch. 13 para. 8 11(c)
Sch. 2 Pt. 1 para. 1repealedAccess to Justice Act 1999 s. 77(3) Sch. 15 Pt. 5(2)
Sch. 2 para. 1amendedAccess to Justice Act 1999 Sch. 10 para. 14 16(2)
Sch. 2 para. 2amendedAccess to Justice Act 1999 Sch. 11 para. 12(3)
s. 47amendedYouth Justice and Criminal Evidence Act 1999 Sch. 4 para. 2(3)
s. 49(12)-(14)insertedYouth Justice and Criminal Evidence Act 1999 Sch. 2 para. 3(9)
s. 39(3)insertedYouth Justice and Criminal Evidence Act 1999 Sch. 2 para. 2(1)
s. 38repealedYouth Justice and Criminal Evidence Act 1999 Sch. 6
s. 37amendedYouth Justice and Criminal Evidence Act 1999 Sch. 4 para. 2(2)
s. 49(6)(c)—Criminal Justice and Courts Services Act 2000 Sch. 7 para. 5
s. 4(1)words repealedCriminal Justice Act 2003 Sch. 37 Pt. 9
s. 49(13)(c)(i)repealedCriminal Justice and Immigration Act 2008 Sch. 4 para. 3(5) Sch. 28 Pt. 1
s. 44(1A) (1B)insertedCriminal Justice and Immigration Act 2008 s. 9(3)
s. 49(4A)(d)repealedCriminal Justice and Immigration Act 2008 Sch. 4 para. 3(3) Sch. 28 Pt. 1
s. 44applied by 2020 c. 17, s. 58(2)(b) (as substituted)Sentencing Act 2020 Sch. 22 para. 3(1)
s. 7omittedTobacco and Vapes Act 2026 Sch. 7 para. 1
Sch. 1words insertedCrime and Policing Act 2026 Sch. 13 para. 17

An Act to consolidate certain enactments relating to persons under the age of eighteen years.

[13th April 1933]C1C2I1E1C3C4C5

Annotations to the whole text

Modifications

C1

Act extended (except ss. 15, 19) by Protection of Children Act 1978 (c. 37), s. 1(5).

C2

Act amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 9

C3

By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C4

Power to modify conferred (5.2.1994) by 1993 c. 47, ss. 22(3), 33(2).

C5

Act (except ss. 53, 58, 79-81, Sch. 4): transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement

I1

Act partly in force at Royal Assent by s. 109(2) (now repealed); Act wholly in force at 1.11.1933.

Extent

E1

Act: does not extend to Scotland or Northern Ireland save as therein otherwise expressly provided see s. 109(3).

Contents

  1. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. Special Provisions as to Prosecutions for Offences specified in First Schedule
  6. 13Section 13
  7. 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. Part II: Employment
  10. 18ARegulations under section 18: further provision
  11. 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  12. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. 24Restrictions on training for performances of a dangerous nature.
  14. Employment Abroad
  15. 26Punishment of contraventions of last foregoing section and proceedings with respect thereto.
  16. Supplemental
  17. 30Interpretation of Part II.
  18. Part III: Protection of Children and Young Persons in relation to Criminal and Summary Proceedings
  19. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  20. 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  21. 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  22. 39AProhibition on publication of certain matters: providers of information society services
  23. 41Power to proceed with case in absence of child or young person.
  24. Youth Courts
  25. 49Restrictions on reports of proceedings in which children or young persons are concerned.
  26. Juvenile Offenders
  27. 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  28. Remand Homes
  29. 77Provision of remand homes by councils of counties and county boroughs.
  30. 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  31. Approved Schools
  32. 79Approval of schools.
  33. 80Provision of approved schools by local authorities.
  34. 81Classification, administration, and management.
  35. 82—85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  36. 86—89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  37. 90, 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  38. 92, 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  39. 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  40. 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  41. Local Authorities
  42. Supplementary Provisions as to Legal Proceedings
  43. 100Evidence of wages of defendant.
  44. Supplementary Provisions as to Secretary of State
  45. 103Power of Secretary of State to appoint inspectors.
  46. 104Exchequer grants and expenses of Secretary of State.
  47. General
  48. 105Variation of Orders in Council.
  49. 109†Short title, commencement, extent, and repeals.
  50. Schedule 1A: Prohibition on publication of certain matters: providers of information society services
  51. Domestic service providers: extension of liability
  52. 1Paragraph 1 Repealed
  53. Non-UK service providers: restriction on institution of proceedings
  54. 2Paragraph 2 Repealed
  55. Exceptions for mere conduits
  56. 3Paragraph 3
  57. Exception for caching
  58. 4Paragraph 4
  59. Exception for hosting
  60. 5Paragraph 5
  61. Interpretation
  62. 6Paragraph 6
  63. Schedule THIRDSchedule THIRD
  64. Schedule FOURTH: Provisions as to Administration of Approved Schools and Treatment of Persons sent thereto
  65. General Provisions
  66. 1Paragraph 1
  67. 2Paragraph 2
  68. Treatment of Pupils
  69. 3Paragraph 3
  70. 4—13Paragraph 4—13 Repealed
  71. Superannuation of Officers
  72. 14Paragraph 14
  73. Schedule FIFTH: Transitory Provisions
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. Schedule SIXTHSchedule SIXTH

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

13

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)

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

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

18ARegulations under section 18: further provisionF1

(1)

Regulations under section 18 may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Regulations under section 18 may provide for the processing of information in accordance with the regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing the information, or

(b)

any other restriction on the processing of information (however imposed).

(3)

Regulations under section 18 made by the Secretary of State are to be made by statutory instrument.

(4)

Regulations under section 18 made by the Welsh Ministers are to be made by Welsh statutory instrument.

(5)

A statutory instrument containing regulations made by the Secretary of State under section 18 is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)

Regulations made by the Welsh Ministers under section 18 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).

(7)

In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

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

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

24Restrictions on training for performances of a dangerous nature.

(1)

No F1child under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no F2child who has attained that age shall be trained to take part in such performances except under and in accordance with the terms of a licence granted and in force under this section; and every person who causes or procures a person, or being his parent or guardian allows him, to be trained to take part in performances of a dangerous nature in contravention of this section, shall be liable on summary conviction to a fine not exceeding F3level 3 on the standard scale.

(2)

A F4local authority may grant a licence for a F5child who has attained the age of twelve years to be trained to take part in performances of a dangerous nature.

F6(3)

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

(4)

A licence under this section shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the F7authority, necessary for his protection, but a licence shall not be refused if the authority is satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his health and kind treatment.

(5)

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

26Punishment of contraventions of last foregoing section and proceedings with respect thereto.C1

(1)

If any person acts in contravention of the provisions of subsection (1) of the last foregoing section he shall be guilty of an offence under this section and be liable, on summary conviction, to a fine not exceeding F1level 3 on the standard scale, or, alternatively, , . . . F2or in addition thereto, to imprisonment for any term not exceeding three months:

Provided that if he procured F3the child in question to go abroad by means of any false pretence or false representation, he shall be liable on conviction on indictment to imprisonment for any term not exceeding two years.

(2)

Where, in proceedings under this section against a person, it is proved that he caused, procured, or allowed F4a child to go abroad and that

F5(a)

F6that child has while abroad been singing, playing, performing, or being exhibited, for profit, F7or

(b)

that child has while abroad taken part in a sport, or worked as a model, and payment in respect of his doing so, other than for defraying expenses, was made to him or to another person,

the defendant shall be presumed to have caused, procured, or allowed him to go abroad for that purpose, unless the contrary is proved:

Provided that where the contrary is proved, the court may order the defendant to take such steps as the court directs to secure the return of F8the child to the United Kingdom, or to enter into a recognisance to make such provision as the court may direct to secure his health, kind treatment, and adequate supervision while abroad, and his return to the United Kingdom at the expiration of such period as the court may think fit.

(3)

Proceedings in respect of an offence under this section or for enforcing a recognisance under this or the last foregoing section may be instituted at any time within a period of three months from the first discovery by the person taking the proceedings of the commission of the offence or, as the case may be, the non-observance, of the restrictions and conditions contained in the licence, or, if at the expiration of that period the person against whom it is proposed to institute the proceedings is outside the United Kingdom, at any time within six months after his return to the United Kingdom.

(4)

In any such proceedings as aforesaid, a report of any British consular officer and any deposition made on oath before a British consular officer and authenticated by the signature of that officer, respecting the observance or non-observance of any of the conditions or restrictions contained in a licence granted under the last foregoing section shall, upon proof that the consular officer, or deponent, cannot be found in the United Kingdom, be admissible in evidence, and it shall not be necessary to prove the signature or official character of the person appearing to have signed any such report or deposition.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

30Interpretation of Part II.

F1(1)

For the purposes of this Part of this Act and of any byelaws F2or regulations made thereunder—

  • F3The expression “child” means—

    1. (a)

      C1in relation to England and Wales, a person who is not F4over compulsory school age (construed in accordance with section 8 of the Education Act 1996)

    2. (b)

      in relation to Scotland, a person who is not for the purposes of the Education (Scotland) Act 1980 over school age; and

    3. (c)

      in relation to Northern Ireland, a person who is not for the purposes of the Education and Libraries (Northern Ireland) Order 1986 over compulsory school age;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • The expression “performance of a dangerous nature” includes all acrobatic performances and all performances as a contortionist;

  • The expression “street trading” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe-blacking and other like occupations carried on in streets or public places;

  • A person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour;

  • A chorister taking part in a religious service or in a choir practice for a religious service shall not, whether he receives any reward or not, be deemed to be employed; and

  • The expression “abroad” means outside Great Britain and Ireland.

F6(2)

This section, so far as it has effect for the purposes of sections 25 and 26 of this Act, extends to Scotland and to Northern Ireland.

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

39AProhibition on publication of certain matters: providers of information society servicesF1

Schedule 1A makes special provision in connection with the operation of section 39 in relation to persons providing information society services.

41Power to proceed with case in absence of child or young person.

Where in any proceedings with relation to any of the offences mentioned in the First Schedule to this Act, the court is satisfied that the attendance before the court of any child or young person in respect of whom the offence is alleged to have been committed is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the child or young person.

49Restrictions on reports of proceedings in which children or young persons are concerned.F1C1C2C3C4C5E1C6C7C8

(F21)

No matter relating to any child or young person concerned in proceedings to which this section applies shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as someone concerned in the proceedings.

(2)

The proceedings to which this section applies are—

(a)

proceedings in a youth court;

(b)

proceedings on appeal from a youth court (including proceedings by way of case stated);

(F3c)

proceedings in a magistrates' court under F4Schedule 7 to the Sentencing Code (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d)

proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).

(F53)

In this section “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings.

(3A)

The matters relating to a person in relation to which the restrictions imposed by subsection (1) above apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a)

his name,

(b)

his address,

(c)

the identity of any school or other educational establishment attended by him,

(d)

the identity of any place of work, and

(e)

any still or moving picture of him.

(4)

For the purposes of this section a child or young person is “concerned” in any proceedings F6if he is—

(a)

a person against or in respect of whom the proceedings are taken, or

(b)

a person called, or proposed to be called, to give evidence in the proceedings.

(F74A)

If a court is satisfied that it is in the public interest to do so, it may, in relation to a child or young person who has been convicted of an offence, by order dispense to any specified extent with the F8restrictions imposed by subsection (1) above in relation to any proceedings before it to which this section applies by virtue of subsection (2)(a) or (b) above, being proceedings relating to—

(a)

the prosecution or conviction of the offender for the offence;

(b)

the manner in which he, or his parent or guardian, should be dealt with in respect of the offence;

(c)

the enforcement, amendment, variation, revocation or discharge of any order made in respect of the offence;

(d)

where an attendance centre order is made in respect of the offence, the enforcement of any rules made under F9section 394(1)(d) or (e) of the Sentencing Code; or

(F10e)

where a detention and training order is made, the enforcement of any requirements imposed under F11section 242(4)(b) of the Sentencing Code.

(4B)

A court shall not exercise its power under subsection (4A) above without—

(a)

affording the parties to the proceedings an opportunity to make representations; and

(b)

taking into account any representations which are duly made.

(5)

Subject to subsection (7) below, a court may, in relation to proceedings before it to which this section applies, by order dispense to any specified extent with the requirements of this section in relation to a child or young person who is concerned in the proceedings if it is satisfied—

(a)

that it is appropriate to do so for the purpose of avoiding injustice to the child or young person; or

(b)

that, as respects a child or young person to whom this paragraph applies who is unlawfully at large, it is necessary to dispense with those requirements for the purpose of apprehending him and bringing him before a court or returning him to the place in which he was in custody.

(6)

Paragraph (b) of subsection (5) above applies to any child or young person who is charged with or has been convicted of—

(a)

a violent offence,

(b)

a sexual offence, F12...

(F13ba)

a terrorism offence, F14...

(F15bb)

an offence under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, or

(c)

an offence punishable in the case of a person aged 21 or over with imprisonment for fourteen years or more.

(7)

The court shall not exercise its power under subsection (5)(b) above—

(a)

except in pursuance of an application by or on behalf of the Director of Public Prosecutions; and

(b)

unless notice of the application has been given by the Director of Public Prosecutions to any legal representative of the child or young person.

(8)

The court’s power under subsection F16(4A) or (5) above may be exercised by a single justice.

(F179)

If a publication includes any matter in contravention of subsection (1) above, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a)

where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b)

where the publication is a relevant programme—

(i)

any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii)

any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c)

in the case of any other publication, any person publishing it.

(9A)

Where a person is charged with an offence under subsection (9) above it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question.

(9B)

If an offence under subsection (9) above committed by a body corporate is proved—

(a)

to have been committed with the consent or connivance of, or

(b)

to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(9C)

In subsection (9B) above “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(9D)

If the affairs of a body corporate are managed by its members, “director” in subsection (9C) above means a member of that body.

(9E)

Where an offence under subsection (9) above is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(10)

In any proceedings under F18F19Schedule 7 to the Sentencing Code (proceedings for breach, revocation or amendment of youth rehabilitation orders) before a magistrates’ court other than a youth court or on appeal from such a court it shall be the duty of the magistrates’ court or the appellate court to announce in the course of the proceedings that this section applies to the proceedings; and if the court fails to do so this section shall not apply to the proceedings.

(11)

In this section—

  • F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F21“picture” includes a likeness however produced;

  • “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;

  • “sexual offence” F22means an offence listed in Part 2 of F23Schedule 18 to the Sentencing Code;

  • “specified” means specified in an order under this section;

  • F24“terrorism offence” means an offence listed in Part 3 of F25Schedule 18 to the Sentencing Code;

  • “violent offence” F26means an offence listed in Part 1 of F27Schedule 18 to the Sentencing Code;

and a person who, having been granted bail, is liable to arrest (whether with or without a warrant) shall be treated as unlawfully at large.

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

77Provision of remand homes by councils of counties and county boroughs.

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

F2(2)

The authority or persons reponsible for the management of any institution other than a prison may, subject in the case of an institution supported wholly or partly out of public funds to the consent of the Government department concerned, arrange with the council of a county or county borough for the use of the institution, or any part thereof, as a remand home upon such terms as may be agreed.

F3(2A)

The council of a county or county borough may contribute, towards the expenditure incurred by any society or person in establishing, enlarging or improving an institution for the purpose of its being used, in accordance with an arrangement with the council, as a remand home for that county or county borough, such sums and subject to such conditions, as the council think fit; and subsection (5) of section seventy-seven of the M1Criminal Justice Act 1948, shall apply to any sums so paid as it applies to the payments referred to in that subsection.

(3)

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

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

79Approval of schools.C2F1

(1)

The managers of any school intended for the education and training of persons to be sent there in pursuance of this Act may apply to the Secretary of State to approve the school for that purpose, and the Secretary of State may, after making such inquiries as he thinks fit, approve the school for that purpose and issue a certificate of approval to the managers.

C1(2)

If at any time the Secretary of State is dissatisfied with the condition or management of an approved school, or considers its continuance as an approved school unnecessary, he may by notice served on the managers withdraw the certificate of approval of the school as from a date specified in the notice, not being less than six months after the date of the notice, and upon the date so specified (unless the notice is previously withdrawn) the withdrawal of the certificate shall take effect and the school shall cease to be an approved school:

Provided that the Secretary of State, instead of withdrawing the certificate of approval, may by a notice served on the managers of the school prohibit the admission of persons to the school for such time as may be specified in the notice, or until the notice is revoked.

(3)

The managers of an approved school may, on giving six months’ notice in writing to the Secretary of State of their intention so to do, surrender the certificate of approval of the school, and at the expiration of six months from the date of the notice (unless the notice is previously withdrawn), the surrender of the certificate shall take effect, and the school shall cease to be an approved school.

(4)

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(5)

The Secretary of State shall cause any grant of a certificate of approval of an approved school, and any notice of the withdrawal of, or intention to surrender, such a certificate, to be advertised within one month from the date thereof in the London Gazette.

80Provision of approved schools by local authorities.F1

(1)

A local authority may, with the approval of the Secretary of State, undertake, or combine with any other local authority in undertaking, or contribute such sums of money upon such conditions as they may think fit towards, the purchase, establishment, building, alteration, enlargement, rebuilding or management of an approved school:

Provided that, before giving his approval, the Secretary of State shall satisfy himself that the proposed expenditure is reasonable and, where it is proposed to purchase, build or establish a new school, that there is a deficiency of approved school accommodation which cannot properly be remedied in any other way.

(2)

In the event of a deficiency of approved school accommodation, it shall be the duty of every local authority concerned to take, either alone or in combination with other local authorities, appropriate steps under this section to remedy the deficiency.

81Classification, administration, and management.C1

F1(1)

The Secretary of State may classify approved schools according to the age of the persons for whom they are intended, the religious persuasion of such persons, the character of the education and training given therein, their geographical position, and otherwise as he thinks best calculated to secure that a person sent to an approved school is sent to a school appropriate to his case, or as may be necessary or the purposes of this Act.

(2)

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(3)

The provisions set out in the Fourth Schedule to this Act shall have effect in relation to the administration of approved schools and the treatment of persons sent thereto.

82—85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

86—89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

90, 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

92, 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

100Evidence of wages of defendant.

In any proceedings under this Act a copy of an entry in the wages book of any employer of labour, or if no wages book be kept a written statement signed by the employer or by any responsible person in his employ, shall be evidence that the wages therein entered or stated as having been paid to any person, have in fact been so paid.

103Power of Secretary of State to appoint inspectors.F1

The Secretary of State may appoint for the purposes of the enactments relating to children and young persons a chief inspector, and such number of inspectors to act under the direction of the chief inspector as the Treasury may approve, and may pay to the persons so appointed such remuneration and allowances as with the consent of the Treasury he may determine, and they shall perform such duties as the Secretary of State may from time to time direct.

104Exchequer grants and expenses of Secretary of State.F1

(1)

There shall be paid out of money provided by Parliament—

(a)

such sums on such conditions as the Secretary of State with the approval of the Treasury may recommend towards—

(i)

the expenses of the managers of an approved school;

(ii)

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(iii)

the expenses of a council of a county or county borough in respect of remand homes;

(b)

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(c)

any expenses incurred by the Secretary of State in the administration of this Act.

(2)

The conditions on which any sums are paid under this section towards the expenses incurred in connection with the provision of a site for, or with the erection, enlargement, improvement or repair of, an approved school, may include conditions for securing the repayment in whole or in part of the sums paid in the event of the school ceasing to be an approved school, and, notwithstanding anything in the constitution of the school or of the managers thereof, or in the trusts, if any, to which the property of the school or of the managers is subject, the managers and any persons who are trustees of any of the said property may accept those sums on those conditions, and execute any instrument required for carrying into effect those conditions, and shall be bound by those conditions and by any instrument so executed and have power to fulfil the conditions and the obligations created by the instrument.

105Variation of Orders in Council.

An Order in Council under this Act may be revoked or varied by any subsequent Order in Council.

109†Short title, commencement, extent, and repeals.C1

(1)

This Act may be cited as the Children and Young Persons Act 1933.

(2)

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(3)

Save as therein otherwise expressly provided, this Act shall not extend to Scotland or Northern Ireland.

(4)

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1F1

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2F1

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3F1

(1)

A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in—

(a)

the provision of access to a communication network, or

(b)

the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2)

The condition is that the service provider does not—

(a)

initiate the transmission,

(b)

select the recipient of the transmission, or

(c)

select or modify the information contained in the transmission.

(3)

For the purposes of sub-paragraph (1)—

(a)

the provision of access to a communication network, and

(b)

the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4)

Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

4F1

(1)

This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2)

The service provider is not capable of being guilty of an offence under section 39 in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a)

the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b)

the condition in sub-paragraph (3) is satisfied.

(3)

The condition is that the service provider—

(a)

does not modify the information,

(b)

complies with any conditions attached to having access to the information, and

(c)

where sub-paragraph (4) applies, expeditiously removes the information or disables access to it.

(4)

This sub-paragraph applies if the service provider obtains actual knowledge that—

(a)

the information at the initial source of the transmission has been removed from the network,

(b)

access to it has been disabled, or

(c)

a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

5F1

(1)

A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied.

(2)

This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 39.

(3)

This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it.

(4)

Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

6F1

(1)

This paragraph applies for the purposes of this Schedule.

(2)

“Publication” has the meaning given in section 39.

(3)

“Information society services”—

(a)

has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b)

is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

(4)

“Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

(5)

“Service provider” means a person providing an information society service.

F2(6)

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Schedule THIRDF1

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1F1

(1)

The Secretary of State may make rules for the management and discipline of approved schools, and different rules may be made as respects different schools or classes of school.

(2)

The managers of an approved school may make supplementary rules for the management and discipline of the school, but rules so made shall not have effect unless approved by the Secretary of State.

2F1

No substantial addition to, or diminution or alteration of, the buildings or grounds of an approved school shall be made without the approval in writing of the Secretary of State.

3F1

A minister of the religious persuasion to which a person in an approved school belongs may visit him at the school on such days, at such times, and on such conditions, as may be fixed by rules made by the Secretary of State for the purpose of affording him religious assistance and instruction.

4—13

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14C1F1

The Managers of any approved school may, as part of the expenses of the management of the school, pay, or contribute towards the payment of—

(a)

a superannuation allowance or gratuity—

(i)

to any officer who retires by reason of old age or permanent infirmity of mind or body;

(ii)

to any officer, who, in accordance with the terms of his appointment, is required to vacate his office by reason of the death, or the retirement on account of old age or permanent infirmity, of another officer.

(b)

a gratuity to any dependant of an officer who has died in the service of the school:

Provided that no payment or contribution in respect of any such superannuation allowance or gratuity shall be made unless it is made in accordance with rules approved by the Secretary of State with the concurrence of the Treasury for regulating the grant of such allowances and gratuities, or unless it is specially sanctioned by the Secretary of State.

1

Any Order in Council, order, or regulation made, any certificate given, any deposition taken, and anything done, under any enactment repealed by this Act shall, for the purposes of this Act, be deemed to have been made, given, taken or done, under the corresponding provisions of this Act.

2

Any rule, byelaw, warrant or licence under any enactment repealed either by the M1Children and Young Persons Act 1932 (hereinafter referred to as the Act of 1932) or by this Act and re-enacted, with or without modifications, by this Act shall have the like effect, and the like proceedings may be had thereon and in respect thereof, as if it had been made, made and confirmed, or granted, under this Act:

Provided that this paragraph shall not apply to rules made under section fifty-four of the M2Children Act 1908 (hereinafter referred to as the Act of 1908) for the management and discipline of a certified school or to byelaws made under section ninety-one of the M3Education Act 1921, with respect to street trading.

Schedule SIXTHF1

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