The Children and Young Persons Act 1969 (Commencement No. 3) Order 1970

• Citation: S.I. 1970/1498
• Sections: 11

Section 1 Citation

This Order may be cited as the Children and Young Persons Act 1969 (Commencement No. 3) Order 1970.

Section 2 Interpretation

(1) In this Order “ the Act ” means the Children and Young Persons Act 1969.

(2) The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.

Section 3 Days appointed for coming into force of certain provisions of the Act

The provisions of the Act specified in column 1 of each of the first two Schedules to this Order (which relate to the matters specified in column 2 thereof) shall come into force on the day specified in the heading to that Schedule.

Section 4 Transitional provisions

The transitional provisions contained in Schedule 3 to this Order shall have effect in connection with the provisions brought into force by this Order.

Section 1

(1) In this Schedule the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“ the Act of 1933 ” means the Children and Young Persons Act 1933;

“ the Act of 1937 ” means the Children and Young Persons (Scotland) Act 1937;

“ the Act of 1961 ” means the Criminal Justice Act 1961; and

“ the Act of 1968 ” means the Social Work (Scotland) Act 1968.

(2) In this Schedule, except where the context otherwise requires, any reference to an enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

Section 2

Without prejudice to the operation of paragraphs 5(2) and 18 of Schedule 4 to the Act nothing in any provision of Schedule 5 or 6 thereto brought into force by this Order shall affect the operation of section 48 of the Act of 1933 or section 9 of the Act of 1961 in relation to a person subject to a probation order which continues in force by virtue of the said paragraph 5(2).

Section 3

Without prejudice to the operation of paragraphs 15 and 18 of Schedule 4 to the Act nothing in any provision of the Act brought into force by this Order shall affect—

(a) any order of a court for the detention of any person in a remand home, special reception centre or other place of safety in England and Wales (other than a person subject to an approved school order or detained by virtue of a warrant under section 15 of the Act of 1961) and in force immediately before 1st January 1971; or

(b) the operation of any enactment relating to a person subject to such an order until he is brought before a court in pursuance of the order or released;

and, accordingly, any such enactment shall have effect in relation to such a person, until he is brought before a court as aforesaid or released, as if this Order had not been made.

Section 4

(1) Until the date of the coming into force of section 44 of the Act of 1968 nothing in any provision of the Act brought into force by this Order shall affect the operation of any enactment relating to persons sent or transferred to an approved school in Scotland or committed to the care of a fit person under the Act of 1937 or to custody in a remand home provided under that Act and, accordingly, until that date, any such enactment shall have effect in relation to such a person as if this Order had not been made.

(2) In relation to a person who is subject to an approved school or fit person order within the meaning of the Act of 1937 or an order of committal to custody in a remand home provided under that Act immediately before the date mentioned in the preceding sub-paragraph and continues to be so subject on and after that date by virtue of paragraph 4 of Schedule 7 to the Act of 1968 the preceding sub-paragraph shall have effect as if for references to that date there were substituted references to the date on which the order ceases to have effect.

Section 5

So long as section 77(1) of the Act of 1933 (provision of remand homes) applies to a local authority by virtue of paragraph 13(1)(c) of Schedule 4 to the Act, section 78(3) of the Act of 1933 shall, notwithstanding the repeal of that section contained in Schedule 6 to the Act, continue to apply in relation to remand homes provided by that authority as if for the words “detained in custody” there were substituted the word “accommodated” .

Section 6

Any contribution order made under section 87 of the Act of 1933 or any affiliation order made by virtue of or revived under section 26 of the Children Act 1948 and in force immediately before 1st January 1971 shall have effect from that date as if made under the said section 87 or, as the case may be, made by virtue of or revived under the said section 26, as modified by the Act.

Section 7

Any rules made by virtue of section 14 of the Justices of the Peace Act 1949 shall have effect from 1st January 1971 as if they were made by virtue of section 61 of the Act.