§ [Nos. 97–314.]
§ Clause 50, page 32, line 1, leave out from "decision" to end of line 2.
§
Clause 50, page 32, line 6, leave out subsection (5) and insert—
(5) No appeal shall lie under this section in respect of a decision of a children's hearing imposing a supervision requirement where the sole ground of the objection to that requirement is that the treatment prescribed thereby is inappropriate for the child".
§ Clause 51, page 32, line 9, leave out from "to" to "the reporter" in line 10 and insert "a children's hearing for reconsideration of their decision".
§ Clause 51, page 32, line 15, leave out "(7)" and insert "(8)".
§ Clause 52, page 32, line 19, leave out "best".
§ Clause 53, page 32, line 25, after "hearing" insert "or of an application made in pursuance of section 42 of this Act".
§ Clause 54, page 32, line 31, leave out "held" and insert "heard"
§ Clause 54, page 32, line 32, leave out from "hearing" to end of line 33 and insert "for the area of another local authority".
§ Clause 54, page 32, line 35, after third "the" insert "other".
§ Clause 54, page 32, line 36, leave out "of that other area".
§ Clause 55, page 33, line 9, after "this" insert "Part of this".
§ Clause 55, page 33, line 12, after "this" insert "Part of this".
§ Leave out Clause 56 and insert the following new clause—
§ Reference and remit of children's cases by courts to children's hearings.
§ ".—(1) Where a child who is not subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court—
- (a) instead of making an order on that plea or finding, may remit the case to the reporter of the local authority to arrange for the disposal of the case by a children's hearing; or
- (b) on that plea or finding may request the reporter of the local authority to arrange a children's hearing for the purposes of obtaining their advice as to the treatment of the child.
§ (2) Where a court has acted in pursuance of paragraph (b) of the foregoing subsection the court after consideration of the advice received from the children's hearing may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.
§ (3) Where a child who is subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court shall request the reporter of the local authority to arrange a children's hearing for the purpose of obtaining their advice as to the treatment of the child, and on consideration of that advice may, as 1222 it thinks proper, itself dispose of the case or remit the case as aforesaid.
§ (4) Where a court has remitted a case to the reporter under this or the next following section the jurisdiction of the court in respect of the child or person shall cease, and his case shall stand referred to a children's hearing.
§ (5) Where a court has remitted a case of a child or person as aforesaid a certificate signed by the clerk of the court stating that the child or person has pleaded guilty to, or has been found guilty of, the offence to which the remit relates shall be conclusive evidence for the purpose of the remit that that offence has been committed by the child or person.
§ (6) Nothing in the provisions of this or the next following section shall apply to a case in respect of an offence the sentence for which is fixed by law."
§ Clause 57, leave out Clause 57 and insert the following new clause—
§ Reference and remit of cases of certain young persons by courts to children's hearings
§ ".—(1) Where a person who is rot subject to a supervision requirement but is a person over the age of sixteen, and is not with six months of attaining the age of eighteen, is charged summarily with an offence and pleads guilty to, or has been found guilty of, that offence the court on that plea or finding may request the reporter of the local authority to arrange a children's hearing for the purpose of obtaining their advice, as to the treatment of the person, and on consideration of that advice, the court may as it thinks proper, itself dispose of the case or, where the hearing has so advised, remit the case to the reporter of the local authority for the disposal of the case by a children's hearing.
§ (2) Where a court has remitted a case under the foregoing subsection the provisions of this Part of this Act shall apply to that person as if he were a child."
§ Clause 58, page 34, line 13, leave opt "and to Northern Ireland".
§ Leave out Clause 59.
§ Clause 61, page 35, line 23, leave out "that person" and insert "the person in charge of the establishment".
§ Clause 61, page 35, line 31, leave out "any such regulation".
§ Clause 62, page 36, line 5, leave out "in need" and insert "for the purposes of this Act".
§ Clause 62, page 36, line 7, after "registered" insert "or premises in respect of which a person is required to be registered".
§ Clause 62, page 36, line 19, leave out "fifty" and insert "one hundred".
§ Clause 63, page 37, line 6, leave out "in need".
§ Clause 63, page 37, line 31, leave out "such a fine" and insert "a fine not exceeding one hundred pounds".
1223§ Page 38, line 6, after "this" insert "or the last foregoing".
§ Clause 65, page 38, line 39, leave out "section 63" and insert "this Part".
§ Page 39, line 17, leave out "the said section 63" and insert "this Part of this Act".
§ Clause 67, page 40, line 18, after "persons" insert "accommodated or".
§ Clause 68, page 41, line 14, leave out "(3) and (4)" and insert "(4) and (5)".
§ Clause 68, page 41, line 20, leave out "places" and insert "place".
§ Clause 68, page 41, line 21, leave out "are" and insert "is".
§ Clause 68, page 41, line 22, leave out from "believe" to "registrable" in line 23 and insert" is being used as an establishment in respect of which the person carrying it on is".
§ Clause 69, page 41, line 36, after "care" insert or under the supervision".
§ Clause 70, page 42, line 6, leave out "placed" and insert detained".
§ Clause 70, page 42, line 8, at end insert "or by virtue of rules made by the Secretary of State under section 45 of this Act".
§ Clause 70, page 42, line 10, after "Kingdom" insert "or".
§ Clause 70, page 42, leave out "or the Isle of Man".
§ Clause 70, page 42, line 22, after "unwilling" insert "or unable".
§ Clause 70, page 42, leave out "placed" and insert "detained".
§ Clause 70, page 42, line 23, leave out "disposal of his case" and insert "reporter has considered, in pursuance of section 37 of this Act, whether the child may be in need of compulsory measures of care".
§ Clause 70, page 42, line 24, after "hearing" insert "for the consideration of his case or".
§ Clause 70, page 42, line 30, leave out "has" and insert "have".
§
Clause 70, page 42, at end insert—
( ) In this and the next following section any reference to a child absconding includes a reference to his being unlawfully taken away".
§ Clause 71, page 43, line 1, after "Kingdom" insert "or the"
§ Clause 71, page 43, leave out "or the Isle of Man"
§ Clause 71, page 43, line 3, leave out "of this subsection line 4, leave out "escaped" and insert "absconded"
§ Clause 71, page 43, line 6, leave out "of this subsection"
§ Clause 71, page 43, line 7, leave out "other"
§ Clause 72, page 43, line 14, leave out "subsection (1) of"
1224§ Clause 73, page 43, line 31, leave out second "of" and insert "not exceeding"
§ Clause 73, page 43, line 40, leave out "a supervision order is made" and insert a case is disposed of"
§ Clause 75, page 44, line 35, after "44" insert "and send notification of that requirement in accordance with section 73(1)(b) of this Act"
§ Clause 75, page 45, line 20, leave out "made" and insert originally made under section 44 of this Act"
§
Clause 75, page 45, leave out "except that" and insert—
Provided that—
(a)
§ Clause 75, page 45, line 22, leave out "it" and insert "the order under this section"
§
Clause 75, page 45, line 24, at end insert—
(b) the contributions to be made in respect of him under section 90 of the said Act of 1933 or under section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.
§ Clause 76, page 45, line 43, after "Northern Ireland "insert" under Part III of the Children and Young Persons Act (Northern Ireland) 1950 or Part I of the Education Act (Northern Ireland) 1948,"
§ Clause 76, Page 46, line 16, at end insert "or both"
§ Clause 76, Page 46, line 18, leave out "this Part" and insert "section 73"
§ Clause 76, Page 46, line 20, leave out "under the said Part and insert" for the purposes of section 74 of this Act"
§ Clause 77, page 46, line 35, leave out attendance of the child at the hearing" and insert "transfer of the child to the place notified to them by the reporter"
§ Clause 79, page 47, line 8, after "sixteen" insert years of age".
§ Clause 79, page 47, line 10, leave out "while he is over fifteen" and insert "if he is over sixteen years of age".
§
Clause 80, page 47, line 20, at beginning insert—
( ) Subject to the provisions of the following subsection.
§ Clause 80, page 47, line 23, after "care" insert", or under the supervision"
§
Clause 80, page 47, line 30, at end insert—
( ) Where a contributor is for the time being residing in England or Wales or Northern Ireland contributions payable by him under the last foregoing section shall be payable to the local authority having the care or supervision of the child.
§ Clause 81, page 47, line 33, leave out "the sheriff" and insert "any court of summary jurisdiction"
§ Clause 81, page 47, line 36, after "order" insert "on any contributor"
1225§ Clause 81, page 47, line 43, leave out "the sheriff" and insert "any court of summary jurisdiction"
§ Clause 81, page 48, line 1, leave out "resident" and insert "residing"
§ Clause 81, page 48, line 3, leave out "sheriff" and insert "court"
§ Clause 81, page 48, line 19, leave out "it is made" and insert "the child is a maintainable child"
§ Clause 81, page 48, line 20, leave out "it" and insert "that requirement"
§ Clause 81, page 48, line 25, leave out "the sheriff" and insert" any court of summary jurisdiction"
§ Clause 81, page 48, line 26, leave out "person liable" and insert "contributor"
§
Clause 81, page 48, line 28, at end insert—
(7) Where a contributor resides in England or Wales or Northern Ireland this section shall have effect as if for any reference to a court of summary jurisdiction having jurisdiction in the place where the contributor is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority having the care or supervision of the child.
§ Clause 82, page 48, line 36, leave out "the sheriff" and insert "any court of summary jurisdiction".
§ Clause 82, page 48, line 43, leave out "such a decree and insert "a decree for aliment".
§ Clause 82, Page 49, line 3, leave out subsection (4) and insert—
- "(4)(a) In this section the local authority concerned means the local authority which may make application for a contribution order in respect of a child under the last foregoing section;
- (b) where the father of a child is resident in England or Wales or Northern Ireland, subsection (2) of this section shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where the father is for the time being residing, there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority concerned.
§ Clause 83, page 49, line 15, after "residing" insert ", or, as the case may be, the local authority having the care or supervision of the child to whom the order or decree relates".
§ Clause 83, page 49, line 17, after "order" insert "or decree".
§ Clause 83, page 49, line 18, after "area" insert "or, as the case may be, when the authority were not entitled to sums payable under the order or decree".
§ Clause 83, page 49, line 24, after "order" insert "or decree".
§ Clause 84, page 49, line 26, after "84" insert "(1)".
1226§ Clause 84, page 49, leave out from "is" to "is" in line 27 and insert "by virtue of a supervision requirement removed from the care of any person and that person".
§ Clause 84, page 49, line 30, leave out "the sheriff" and insert "any court of summary jurisdiction".
§
Clause 84, page 49, line 35, at end insert—
( ) Where the person in whose care a child has been residing is for the time being residing in England or Wales or Northern Ireland the foregoing subsection shall have effect as if for the reference to a court having jurisdiction in the place where that person is residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in any place within the area of the local authority having the care or supervision of the child.
§ Clause 85, page 49, line 42, leave out "the coming into operation of this Act" and insert "transfer".
§ Clause 86, page 50, line 24, leave out second "officers".
§ Clause 87, page 51, line 31, after "person" insert "ordinarily"
§ Clause 87, page 51, line 32, after "authority" insert ",and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales"
§
Clause 87, page 51, line 36, at end insert—
( ) In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he was a patient in a hospital forming part of the hospital and specialist services provided under Part II of the National Health Service Act 1946 or Part II of the National Health Service (Scotland) Act 1947 or in the case of a child, any period during which he resided in any place as an inmate oft school or other institution, or in accordance with the requirements of a supervision requirement, supervision order or probation order or the conditions of a recognizance, or while hoarded out under this Act or under the Children Act 1948, the Children and Young Persons Act 1933 or the Children and Young Persons (Scotland) Act 1937 by a local authority or education authority shall be disregarded.
§ Clause 88, page 52, line 8, leave out "of the said Act of 1948".
§ Clause 88, page 52, line 11, after "organisations)"insert" and sections 42 to 44 of the said Act of 1948 (which make provision for the mutual maintenance of wires and husbands and the maintenance of their children by recovery of assistance from persons liable for maintenance and for affiliation orders, etc.)".
§ Clause 89, page 52, line 35, leave out "per son" and insert "local authority".
§ Clause 89, page 52, line 42, leave out "is" and insert "was at the material time".
§ Clause 89, page 52, line 44, leave out "person" and insert "local authority".
1227§ Clause 89, page 52, line 45, at end insert— "A father who is making any payment to a local authority by virtue of any order or decree under Part VI of this Act shall be regarded as a parent for the purposes of this section."
§ Clause 90, page 53, line 5, leave out "the appeal tribunals established by" and insert "any appeal tribunal established under".
§ Clause 95, page 54, line 39, leave out "persons in need" and insert "the purposes of this Act".
§ Clause 95, page 54, line 39, leave out from first "not" to end of line 41.
§ Clause 95, Page 56, line 21, leave out "persons in need" and insert "the purposes of this Act".
§ Clause 95, Page 56, line 22, leave out from first "not" to end of line 23.
§ Clause 95, Page 56, line 23, at the end insert "school age" has the meaning assigned to it by section 32(1) of the Education (Scotland) Act 1962,".
§ Clause 95, Page 56, line 24, after "order", insert "in relation to an order".
§ Clause 95, Page 57, line 13, at end insert and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications."
§ Clause 96, page 57, line 29, at end insert "but".
§ Clause 98, page 58, leave out line 3.
§ Clause 98, page 58, line 4, at end insert "Sections 87 and 88".
§ Clause 98, page 58, leave out lines 8 to 10.
§ Clause 98, page 58, leave out line 13 and 14.
§ 14.
§ Clause 98, page 58, line 15 at end insert "section 97".
§ Clause 98, page 58, line 18, leave out from "Islands" to "sections" in line 19 and insert "that is to say".
§ In the Schedules: before Schedule 1 insert the following new Schedule—
§ "AMENDMENT OF CHILDREN ACT 1958
§ 1. After section 1 there shall be inserted the following section—
§ '1A. In Scotland, without prejudice to the provisions of the Social Work (Scotland) Act 1968, it shall be the duty of every local authority to secure the welfare of children within their area who are foster children within the meaning of this Part of this Act and, where the local authority consider such a course to be necessary or expedient for the purposes of this section, they shall cause the children to be visited from time to time by their officers, who shall give such advice as to the care and maintenance of the children as may appear to be necessary'.
§ 2.—(1) In section 2(1), for the words 'for maintenance' to the word 'month' there shall be substituted the words 'is undertaken for a period of more than six clays beginning with the day on which the child is received into that care'.
1228
§
(2) In section 2(3), after paragraph (e) there shall be added the following paragraph—
(f) who undertakes his care for a period not exceeding one month beginning with the day the child is received into that care, unless—
§ (3) Section 2(6) and (7) shall be omitted.
§ 3. In section 9, after the word 'foster-child' there shall he inserted the words for reward'."
§ Schedule 1, page 59, line 13, at end insert "sitting summarily".
§
Schedule 1, page 59, line 16, at beginning insert—
( ) In section 40(1) for the words ' apparently under the age of seventeen years ' there shall be substituted the words who is apparently a child'.
after" 40(2)", insert "for the words 'apparently under the age of seventeen years' there shall be substituted the words who is apparently a child', and".
§ Schedule 1, page 59, line 17, at end insert "other than a police station".
§ Schedule 1, page 59, line 18, leave out second "subsection" and insert "subsections".
§ Schedule 1, page 59, line 20, leave out from "child" to "in" in line 27. and insert "has been detained under this section and is not so liberated as aforesaid and it is decided not to proceed with the charge against him a constable shall so inform the reporter of the local authority for the area in which the child is detained, and the child may continue to be detained".
§
Schedule 1, page 59, line 29, at end insert—
(4) A child shall not continue to be detained under this section—
§ Schedule 1, page 59, leave out "the said Part III" and insert "Part III of the Social Work (Scotland) Act 1968".
§ Schedule 1, page 59, line 30, leave out paragraph 4 and insert—
§ "4.—(1) In section 41, for subsection (1) there shall be substituted the followig sub-section—
1229§ (1) Any court, on remanding or committing for trial a child who is not liberated on bail shall, instead of committing him to prison, commit him to the local authority in whose area the court is situated to be detained in a place of safety chosen by the local authority for the period for which he is remanded or until he is liberated in due course of law:
§ Provided that in the case of a child over fourteen years of age it shall not be obligatory on the court so to commit him if the court certifies that he is of so unruly a character that be cannot safely be so committed, or that he is of so depraved a character that he is not a fit person to be so detained.
§ (2) In subsection (2), for the words 'young person' where first occurring there shall be substituted the words 'child over fourteen years of age', and where secondly occurring there shall be substituted the word 'child'."
§ Schedule 1, page 60, line 5, leave out sub-paragraph (3).
§ Schedule 1, page 60, line 7, at end insert— "In section 44, after 'child' where first occurring there shall he inserted the words 'under fourteen years of age'."
§ Schedule 1, page 60, line 8, leave out from "section" to end of line 14 and insert "46(1) for the words 'child or young person', in both places where these words occur, there shall be substituted the words a person under the age of seventeen years'."
§ Schedule 1, page 60, line 14, at end in-sert—
§ "(1) In section 47(1) leave out the words 'until he can be brought before a juvenile court' wherever occurring.
§
(2) After subsection (1) there shall be inserted the following subsection—
( ) A child shall not continue to be detained under the last foregoing subsection—
In section 48, for the words 'any child or young person' there shall be substituted the words any person under the age of seventeen', and far the words the child or young person' there shall be substituted the words the person'.
§ Schedule 1, page 60, line 18, after "Act" insert "and section 49 of the Children and Young Persons Act 1933".
§ Schedule 1, page 60, line 44, leave out from "and" to end of line 3 on page 61 and insert "for the words child or young person' in both places where these words occur there shall be substituted the words a person under the age of seventeen years'."
1230§ Schedule 1, page 61, line 11, leave out second "a" and insert "the".
§ Schedule 1, page 61, line 12, at end insert—
§ "After section 5S there shall be inserted the following section—
§ 58A.—(1) Where a child charged summarily before the sheriff with an offence pleads guilty to, or is found guilty of, that offence the sheriff may order the child to be committed for such period not exceeding two yearn as may be specified in the order to such a place as the Secretary of State may direct for the purpose of undergoing residential training, and where such an order is made the child shall during that period be liable to be detained in that place subject to such conditions as the Secretary of State may direct.
§ (2) A child detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.
§ (3) Any child so detained as aforesaid may at any time he released conditionally or unconditionally by the Secretary of State, and any such child conditionally released shall be liable to recall on the directions of the Secretary of State and if he fails to comply with any condition of his release he may be apprehended without warrant and taken to the place from which he was released."
§ Schedule 1, page 61, leave out lines 22 and 23 and insert "For section 67. there shall be substituted the following section—"
§ Schedule 2, page 62, line 25, leave cut from beginning to "such" and insert "A local authority may pay the members or possible members of the children's panel and members of the Children's Panel Advisory Committee for their area".
§ Schedule 3, page 62, line 38, after "bearing", insert "or of an application to the sheriff for a finding".
§ Schedule 3, page 62, line 44, leave out "best".
§ Schedule 3, page 62, line 44, after "child", insert "and grants a legal aid certificate".
§ Schedule 3, page 63, line 1, leave out "the Court", and insert "it appears".
§ Schedule 3, page 63, line 2, leave out "is of opinion".
§ Schedule 3, page 63, line 4, leave out from "that" to end of line, and insert "the child or his parent should receive legal aid in the particular".
§ Schedule 3, page 63, leave out lines 6 to 8.
§ Schedule 3, page 63, line 24, leave out from third "the" to end of line 25, and insert "dependants of either"
§ Schedule 3, page 63, line 29, leave cut from "sheriff" to end of line 30.
§ Schedule 3, page 63, line 33, lea le out "where"
§ Schedule 3, page 63, line 41, after "parent", insert "in such civil proceedings as aforesaid"
§ Schedule 4, page 64, line 43, leave out "tribunals" and insert "the panel".
§ Schedule 6, leave out Schedule 6 and insert the following new Schedule—