§ Registration of existing establishments
§ 1.—(1) Until the expiration of a period of two years beginning with the commencement of Part IV of this Act, or until registration is. effected or refused under the said Part IV, whichever of those three events first occurs—
- (a) a registration in respect of any establishment under any enactment repealed by this Act shall for the purposes of this Act be deemed to be a registration kept by a local authority under section 63 thereof, and
- (b) a registration in respect of any establishment (other than an approved school) not required under any enactment immediately before the said commencement but required thereafter shall for the purposes of this Act be deemed to be kept as aforesaid by a local authority so long as there is no change of user.
§ (2) Notwithstanding the coming into operation of the said Part IV, the provisions of the said Part shall not apply in relation to approved schools until the commencement of Part III of this Act and thereafter, until the expiration of a period of two years beginning with the said commencement or until registration is effected or refused under the said Part IV whichever of these three events first occurs, a. registration in respect of an approved school required under the said Part IV shall, subject to the provisions of the next following para- 1558 graph, be deemed to be kept by the Secretary of State under that Part.
§ (3) Before the expiration of the period of two years mentioned in either of the two foregoing sub-paragraphs, the persons responsible for the management of any establishment deemed to be registered as aforesaid shall, if they intend the establishment to continue for the purposes in respect of which it is so deemed, make application for registration in accordance with the provisions of the said Part IV.
§ Approved schools
§ 2.—(1) The following enactments shall, notwithstanding the repeal or exclusion by this Act of any such enactment, continue to have effect, with any necessary modifications, in relation to establishments which were approved schools immediately before the commencement of Part III of this Act until such time as the Secretary of State otherwise directs, either generally or in regard to any particular establishment—
- (a) The Children and Young Persons (Scotland) Act. 1937: sections 83(2) and (3) and 85(1), 2(a) and (c) (surrender of certificate of approval of approved school and classification and administration etc. of approved schools); section 107(l)(a) (i) and (b) and (2) (exchequer grants and expenses of the Secretary of State);
- (b) The Criminal Justice (Scotland) Act, 1963: sections 21 and 22 (directions as to management of approved schools and constitution of managers).
§ (2) Until such time as the Secretary of State makes a direction under sub-paragraph (1) of this paragraph in respect of an establishment the payments made by a local authority under this Act in respect of the expenses of carrying on the establishment shall be at such rate as the Secretary of State shall from time to time prescribe.
§ (3) Until such time as aforesaid any contributions or sums received by a local authority by virtue of any order or decree made under Part VI of this Act, or deemed to be so made, in respect of a child in an establishment shall be paid to the Secretary of State, but subject to such deductions in respect of the services rendered by the authority as may be prescribed.
§ Contributions in respect of children taken into care
§ 3. After the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the Children Act 1948 shall have the like effect in relation to children taken into care under section 15 of this Act as it had in relation to children taken into care under section 1 of that Act.
§ Approved school orders, fit person orders, and supervision orders
§ 4.—(1) This paragraph applies to children who immediately before the commencement of Part III of this Act were in any of the following classes, that is to say children who are—
- (a) subject to an approved school order.
- (b) committed to the care of a fit person under an order of a court,
- (c) under a supervision order,
- (d) subject to an order of committal to custody in a remand home.
§ (2) Subject to the next following sub-paragraph, a child to whom this paragraph applies shall, on the coming into operation of the said Part III, continue to be subject to any such order as aforesaid, and any provision of any enactment applying to the operation of the order and the treatment of the child shall, notwithstanding the repeal or exclusion by this Act of any such provision, continue so to apply.
§ (3) It shall be the duty of such local authorities as may be prescribed by the Secretary of State, by such date, and in such circumstances and in such cases as may be so prescribed to arrange for children to whom this paragraph applies to be brought before a children's hearing for the consideration and disposal of their cases under Part III of this Act, and on the disposal of a case the order relating to the child shall cease to have effect.
§ (4) The provisions of the last foregoing sub-paragraph shall apply in the case of a child over the age of sixteen years who has not attained the age of eighteen years, but where a child has attained the age of eighteen years, on such date as the Secretary of State may prescribe, the order relating to the child shall cease to have effect.
§ Jurisdiction of courts
§ 5.—(1) Subject to the next following sub-paragraph, on the commencement of Part III of this Act, for the purpose of continuing the jurisdiction of courts in respect of children and young persons who before the said commencement have been charged with an offence, and in respect of children whose cases have been disposed of but where the courts have continuing functions at the time of that commencement arising from the form of disposal, the provisions of any enactment relating to those courts and cases in them shall, notwithstanding the repeal or exclusion by this Act of any such provisions, continue to have effect in relation to those courts and to those cases.
§ (2) In the case of a juvenile court constituted under section 51 of the Children and Young Persons (Scotland) Act 1937, the provisions of the foregoing sub-paragraph shall apply until such time as the Secretary of State otherwise directs, and on any such direction being made any question arising from the imposition of an order of such a court shall be dealt with by the sheriff having jurisdiction in the former area of that court as if the order had been made by him.
§ 6. On the coming into operation of the said Part III the jurisdiction of a juvenile court in relation to the care and protection of children shall cease, and any case of a child under the age of sixteen years which was before the court under that jurisdiction immediately before the said commencement shall stand referred to the reporter of the local authority in whose area the child is ordinarily resident, or, where his ordinary residence is not known or is furth of Scotland, 1560 to the reporter of the local authority in whose area the circumstances arose which brought his case before the court.
§ Remand Home Grant
§ Probation Grant
9. In this Schedule the following expressions have the meanings assigned to them—
'approved school' means a school approved under section 83 of the Children and Young Persons (Scotland) Act, 1937.
' approved school order' has the meaning assigned to it by section 110(1) of the said Act of 1937.
'remand home' has the meaning assigned to it by section 78(1) of the Criminal Justice (Scotland) Act, 1949.
'supervision order' has the meaning assigned to it by section 72 of the said Act of 1949.—[Mr. Millan.]
§ Brought up, and read the First time.
§ Mr. Millan
Yes, Sir. I apologise for this. The manuscript Amendment is in paragraph 5(1) after the second "children" insert "and young persons".
This is a purely drafting point. I apologise for the manuscript Amendment, but this is a complicated Schedule and these words were omitted. I am sure that it would be right to insert them.
This Schedule should be taken with Amendment No. 118, which deletes the existing Schedule 6, as this is a new transitional Schedule which replaces Schedule 6. We found on further consideration of the transitional Schedule that it would be necessary to make a number of Amendments to it to ensure that it was absolutely right. It seemed to us that it would be more convenient for hon. Members if, instead of tabling complicated Amendments, we simply eliminated Schedule 6 and tabled a completely new Schedule of transitional provisions, and I 1561 think that this course is more intelligible to hon. Members. I discussed the matter with the hon. Member for Perth and East Perthshire (Mr. MacArthur) and I know that he agrees that this is an appropriate caurse to take.
Paragraph I relates to the registration of existing establishment. It is envisaged that Part IV of the Bill, which deals with registration, will come into operation before Part III, which provides the new system for dealing with children in rouble. It is only when Part III comes into operation that approved schools as such will be abolished and it is at this stage that approved schools should be brought within the registration system provided for in Part IV. Other existing establishments should, as at present provided, be brought within the Part IV registration system at the commencement of Part IV. The revised paragraph I provides accordingly.
The revised paragraph 2, which replaces the existing paragraphs 2 and 3, contains the provisions which will continue to apply to existing approved schools for a transitional period after Part III of the Bill comes into operation. The preamble is in more general form and makes it clear that the approved schools can eventually be brought entirely within the Bill system either individually or all together. As compared with the existing version of the Schedule, Section 94 of the 1937 Act, which deals with contributions, is no longer applied. We have incorporated the substance of that prevision in sub-paragraph (2). We have also removed the application of certain provisions of the Education (Scotland) Act, 1962, as that is no longer necesary when the appropriate provisions are being provided for in other parts of the Bill.
The new paragraph (3) deals with contributions in respect of children in care. It is intended that Part VI of the Bill should come into operation at the same time as Part III, and accordingly it is necessary to keep in operation Part III of the Children Act, 1948, which contains the present provisions about such contributions for the period between the coming into operation of Part II of the Bill and the coming into operation of Parts III and VI. Otherwise there would 1562 be a gap, and this transitional provision provides for that gap period.
Paragraph 4 of the present Schedule deals with bringing before hearings children subject to certain court orders. We have made this provision a good deal clearer. It deals with the continuance in force of such orders and for bringing before the children's hearing as appropriate children subject to such orders. In the period after the Bil comes into operation, it can be provided that children then under supervision should be brought before children's hearings and, therefore, into the general arrangements of Part III.
New paragraphs 5 and 6 are introduced to cover children whose cases are in progress either in relation to criminal proceedings or to care and protection proceedings. Briefly, the courts' jurisdiction to deal with criminal cases before them at the time of the coming into operation of Part III will continue, though paragraph 5(2) provides a safeguard against the indefinite continuance of the special juvenile courts. Care and protection cases will stand referred to the appropriate reporter.
Paragraphs 7 and 8 provide for the continuation of remand home grant as well as probation grant.
I hope that that brief explanation will make reasonably clear what the transitional provisions in Schedule 6 are all about.
§ Question put and agreed to.
§ Schedule read a Second time.
§ Mr. Millan
I beg to move as an Amendment to the proposed Schedule, in paragraph 5(1) after second "children" insert "and young persons".
§ Amendment agreed to.
§ Schedule, as amended, added to the Bill.