PART VII
MISCELLANEOUS AND GENERAL
100 Reception and maintenance of children and young persons in poorhouses
Poor law authorities shall provide for the reception of children and young persons brought to a poorhouse in pursuance of this Act, and, where the place to which under this Act a child or young person is authorised to be taken is a poorhouse, the person in charge thereof shall receive the child or young person into the poorhouse if there is suitable accommodation therein.
101 Powers, duties and expenses of local authorities etc
(1) Expenses incurred by a local authority under Part I of this Act shall be defrayed in like manner as expenditure for the relief of the poor.
(2) Expenses incurred under this Act by an education authority shall be defrayed in like manner as expenses of the authority under the Education (Scotland) Acts 1872 to 1936, and expenses incurred under this Act by a poor law authority or by a local authority in their capacity as poor law authority shall be defrayed in like manner as expenditure for the relief of the poor:
Provided that expenses incurred in respect of a child or young person brought to a poorhouse under this Act shall form part of the establishment charges of the poorhouse.
(3) Expenses incurred under this Act by a police authority shall be defrayed in like manner as expenditure for administration of the police, provided that in any burgh where such expenditure was under the law existing at the passing of the Children Act 1908, payable in whole or in part out of the burgh general assessment expenses incurred under this Act by the police authority of such
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burgh or any contribution to such expenses payable by the burgh by virtue of section twenty-one of the Local Government (Scotland) Act 1929 (19 & 20 Geo. 5. c. 25), shall be defrayed out of such rate payable by owners and occupiers in equal proportions as the town council may determine.
(4) Expenses incurred under this Act by a local authority (other than any expenses referred to in either of the last two foregoing subsections), and any contribution to such expenses payable by a town council by virtue of section twenty-one of the Local Government (Scotland) Act 1929, shall be defrayed out of such rate payable by owners and occupiers in equal proportions as the council may determine.
(5) A local authority or an education authority shall have power to borrow for the purposes of any powers or duties conferred or imposed on them by this Act, and the provisions of section twenty-three of the Local Government (Scotland) Act 1929, and, in the case of an education authority, of section forty-five of the Education (Scotland) Act 1872 (35 & 36 Vict. c. 62), as amended by any subsequent enactment shall apply to the power hereby conferred.
(6) A local authority or an education authority shall for the purposes of any powers or duties conferred or imposed on them by this Act have power to acquire, dispose of or otherwise deal with land in like manner as a local authority under the Housing (Scotland) Act 1925 (15 & 16 Geo. 5. c. 15), for the purposes of that Act, and sections fifty and fifty-one of, and the Third Schedule to, the said Act shall apply accordingly with the substitution of the Secretary of State or the Scottish Education Department, as the case may be, for the Board referred to in the said enactments or in any enactment applied by them.
(7) A local authority, an education authority, a poor law authority or a committee to whom any powers of any such authority under this Act have been delegated, may by resolution empower the clerk or other officer of the authority to exercise in the name of the authority in any case which appears to him to be one of urgency any powers of the authority or, as the case may be, of the committee with respect to the institution of proceedings under this Act.
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(8) A local authority may, with the approval of the Department of, Health for Scotland (and so long as that approval is not withdrawn), subscribe to the funds of an association or society for the prevention of cruelty to children.
102 Institution of proceedings by local or poor law authorities
(1) A local authority or a poor law authority may institute proceedings for any offence under sections twelve, thirteen, fourteen, fifteen or twenty-two of this Act.
(2) Any such authority may appear by their clerk or other officer duly authorised in that behalf in any proceedings instituted by them under this Act.
Supplementary Provisions as to Legal Proceedings
103 Presumption and determination of age
(1) Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence, and it appears to the court that he is a child or young person, the court shall make due inquiry as to the age of that person, and for that purpose shall take such evidence as may be forthcoming at the hearing of the case, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person, and, where it appears to the court that the person so brought before it has attained the age of seventeen years, that person shall for the purposes of this Act be deemed not to be a child or young person.
(2) Where in any complaint or indictment for any offence under this Act or any of the offences mentioned in the First Schedule to this Act, except an offence under the Criminal Law Amendment Act 1885, it is alleged that the person by or in respect of whom the offence was committed was a child or young person or was under or had attained any specified age, and he appears to the court to have been at the date of the commission of the alleged offence a child or young person, or to have been under or to have attained the specified
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age, as the case may be, he shall for the purposes of this Act be presumed at that date to have been a child or young person or to have been under or to have attained that age, as the case may be, unless the contrary is proved.
(3) Where, in any complaint or indictment for any offence under this Act or any of the offences mentioned in the First Schedule to this Act, it is alleged that the person in respect of whom the offence was committed was a child or was a young person, it shall not be a defence to prove that the person alleged to have been a child was a young person or the person alleged to have been a young person was a child in any case where the acts constituting the alleged offence would equally have been an offence if committed in respect of a young person or child respectively.
(4) Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it shall be a defence to prove that the person was actually of or over that age.
104 Evidence 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.
105 Summary jurisdiction
(1) Subject to the provisions of this Act, an orders of a court of summary jurisdiction under this Act shall be made, and all proceedings in relation to any such orders shall be taken, in manner provided by the Summary Jurisdiction (Scotland) Acts, and the power of making rules under section sixteen of the Summary Jurisdiction (Scotland) Act 1908 (8 Edw. 7. c. 65), shall extend to making rules for regulating the procedure of courts of summary jurisdiction under this Act and matters incidental thereto.
(2) Any magistrate who, by virtue of a local Act had jurisdiction before the first day of April nineteen hundred and nine for any of the purposes of the Prevention of Cruelty to Children Act 1904, shall have jurisdiction for the like purposes of Part II of this Act.
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Supplementary Provisions as to Secretary of State
106 Powers of Secretary of State and Scottish Education and Health Departments to appoint inspectors, etc
(1) The Secretary of State and the Scottish Education Department may, for the purposes of their respective powers and duties under the enactments relating to children and young persons, appoint such number of inspectors as the Treasury may approve and may pay to the persons respectively appointed by them such remuneration and allowances as, with the consent of the Treasury, the Secretary of State or the Department, as the case may be, may determine, and the Department may authorise or require any of His Majesty's Inspectors of Schools to exercise any power or perform any duty which might be exercised or performed by any inspector appointed in pursuance of this section.
(2) The Department of Health for Scotland shall have, for the purposes of Part I of this Act, the like power of making inquiries, calling for returns, and applying to the Court of Session as they have for the purposes of the Poor Law (Scotland) Act 1845 (8 & 9 Vict. c. 83).
107 Exchequer grants and expenses of Secretary of State and Scottish Education Department
(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) the expenses of an education authority in respect of children and young persons committed to their care;
(iii) the expenses of a council of a local authority in respect of remand homes;
(b) any expenses incurred by the Secretary of State or the Scottish Education Department 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
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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.
108 Powers of Secretary of State may be transferred
It shall be lawful for the Secretary of State, with the consent of the Treasury, from time to time to make an order transferring to the Scottish Education Department or to the Department of Health for Scotland any power for the time being possessed by him under this Act (not being a power under section fifty or section fifty-one of this Act), and by such order to make any adjustment consequential on the transfer and to provide for any matter necessary or proper for giving full effect to the transfer, and, on any such order being made, the powers so transferred shall be exercisable by the Scottish Education Department, or the Department of Health for Scotland, as the case may be.
General
109 Provisions as to documents etc
(1) An order or other act of the Secretary of State under this Act may be signified under the hand of the Secretary of State or an Under-Secretary of State or an Assistant Under-Secretary, and an order or other act of the Scottish Education Department may be signified under the hand of the Secretary or of an Assistant Secretary of the Department.
(2) A document purporting to be a copy -
(a) of an order made by a court under or by virtue of any of the provisions contained in sections sixty, sixty-one and sixty-six to ninety-four of this Act or in the Second Schedule to this Act; or
(b) of an order made after the commencement of this Act under section four of the Day
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Industrial Schools (Scotland) Act 1893, sending a person to an approved school or committing him to the care of a fit person; or
(c) of a decree for aliment referred to in an order under section ninety-two of this Act,
shall, if it purports to be certified as a true copy by the clerk of the court, be evidence of the order or decree.
(3) The production of a copy of the Edinburgh Gazette containing a notice of the grant, or of the withdrawal or surrender, of a certificate of approval of an approved school shall be sufficient evidence of the fact of a certificate having been duly granted to the school named in the notice, or of the withdrawal or surrender of such a certificate, and the grant of a certificate of approval of an approved school may also be proved by the production of the certificate itself, or of a document purporting to be a copy of the certificate and to be authenticated as such by the Secretary or an Assistant Secretary of the Scottish Education Department.
(4) Any notice or other document required or authorised by this Act to be served on the managers of an approved school may, if those managers are an education authority or a joint committee representing two or more education authorities, be served either personally or by post upon their clerk, and in any other case, may be served either personally or by post upon any one of the managers, or their secretary, or the headmaster of the school.
(5) An order, licence, or other document may be authenticated on behalf of the managers of an approved school, if they are an education authority or a joint committee representing two or more education authorities, by the signature of their clerk or some other officer of the education authority duly authorised in that behalf, and in any other case, by the signature of one of the managers or their secretary, or of the headmaster.
110 Interpretation
(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:-
"Approved school" means a school approved by the Scottish Education Department under section eighty-three of this Act;
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"Approved school order" means an order made by a court sending a child or young person to an approved school;
"Borstal institution" means an institution established under Part I of the Prevention of Crime Act 1908 (8 Edw. 7. c. 59);
"Certificate," "exciseable liquor," and "permitted hours" have the like meanings as in the Licensing (Scotland) Acts 1903 to 1923;
"Child" (except as provided in section thirty-seven of this Act) means a person under the age of fourteen years;
"Commit for trial" means commit until liberation in due course of law;
"Court of summary jurisdiction" means the sheriff or any two or more justices of the peace or any magistrate or magistrates by whatever name called officiating under the provisions of any general or local police Act;
"Guardian," in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;
"Headmaster" includes superintendent;
"In need of care or protection" has the meaning assigned to it by section sixty-five of this Act;
"Justice" (except in section fifty-one of this Act) includes the sheriff and any such magistrate as aforesaid;
"Large burgh" has the like meaning as in the Local Government (Scotland) Act 1929;
"Legal guardian" in relation to a child or young person means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;
"Licensed premises" means premises for which a certificate within the meaning of the Licensing (Scotland) Acts 1903 to 1923, is held, and "bar" in relation to any licensed premises means any
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open drinking bar or any part of the premises exclusively or mainly used for the sale and consumption of exciseable liquor;
"Local authority" and "poor law authority" mean the council of a county or of a large burgh;
"Managers," in relation to an approved school established or taken over by an education authority or by a joint committee representing two or more education authorities, means the education authority or the joint committee as the case may be, and in relation to any other approved school, means the persons for the time being having the management or control thereof;
"Passage" includes common close, or common stair, or common passage;
"Place of safety" means any remand home, poor house, or police station, or any hospital, surgery, or any other suitable place, the occupier of which is willing temporarily to receive a child or young person;
"Police authority" means a county council or the council of a burgh maintaining a separate police force;
"Prescribed" means prescribed by regulations made by the Secretary of State or by the Scottish Education Department according as the matter to be dealt with is within the powers of the Secretary of State or of the Department;
"Public place" includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;
"Remand" means an order adjourning the proceedings or continuing the case and giving direction as to the detention in custody or liberation of a person during the period of adjournment or continuation and any reference to remanding a person or to remanding in custody shall be construed accordingly;
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"Street" includes any highway and any public bridge, road, lane, footway, square, court, alley or passage whether a thoroughfare or not;
"Young person" means a person who has attained the age of fourteen years and is under the age of seventeen years.
(2) For the purpose of any powers or duties which are by this Act conferred or imposed on county councils and on the councils of certain burghs only, all other burghs shall be included within the county.
(3) (a) For the purpose of any provision of this Act referring to a court acting for any place -
(i) a court entitled to exercise jurisdiction in any place shall be deemed to be a court acting for that place;
(ii) the sheriff court, and the justice of the peace court for any county, and the juvenile court for any area shall each be deemed to be a court acting for the same place as the burgh or police court of any burgh situated in that county or area, as the case may be;
(iii) the sheriff court for any county shall be deemed to be a court acting for the same place as the justice of the peace court for that county;
(iv) the juvenile court for any area being a county shall be deemed to be a court acting for the same place as the sheriff court or the justice of the peace court for that county;
and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.
(b) In this subsection the expression "county" includes a county of a city, and a burgh being a county of a city shall be deemed to be a burgh situated in the county of the city, and the sheriff court for any county means the sheriff court of the sheriffdom comprising the county.
(4) References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.
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(5) References in this Act to any enactment or to any provision in any enactment shall, unless the context otherwise requires, be construed as references to that enactment or provision as amended by any subsequent enactment including this Act.
111 Transitory provisions
(1) Without prejudice to the provisions of the Interpretation Act 1889 (52 & 53 Vict. c. 63), with respect to repeals, the transitory provisions set out in the Third Schedule to this Act shall have effect for the purposes of the transition to the provisions of this Act from the provisions of the enactments repealed by this Act.
(2) References in any Act to places of detention provided under section one hundred and eight of the Children Act 1908, shall be construed as references to remand homes provided under this Act.
(3) References in any Act or other document to reformatory schools or industrial schools and to youthful offenders and children sent thereto or detained therein shall be construed as including references to approved schools and to children and young persons sent thereto or detained therein, and references in any Act or other document to orders committing a child or young person to the care of a fit person under any of the provisions of the Children Act 1908, shall be construed as including references to orders of the like nature made under this Act.
(4) References in any Act or other document to juvenile courts under the Children Act 1908, shall be construed as including references to such courts under this Act.
(5) References in any Act or other document to any enactment repealed and re-enacted with or without modifications by this Act shall be construed as including references to the corresponding provision of this Act.
(6) The reference in the First Schedule to this Act to any offence under sections twelve, thirteen, fourteen, twenty-two or thirty-three of this Act shall be construed as including a reference to any offence under the Dangerous Performances Acts 1879 and 1897, or under Part II of the Children Act 1908.
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112 Saving of provisions in Aberdeen local Act
Subject to the provisions herein-after contained, nothing in this Act shall be construed to repeal, alter, prejudice, or affect any of the provisions of the Aberdeen Reformatories and Industrial Schools Act 1885 (48 & 49 Vict. c. clxxii), and the directors acting under that Act shall continue to have the full rights, privileges, and powers competent to them immediately prior to the commencement of this Act: Provided, nevertheless, that the Secretary of State may, by order under his hand, provide for altering, amending, or adapting that Act so as to provide (a) for the re-constitution of the board of directors, for the election of new directors, for subsequent elections of directors, for the annual retiral of one-third or other proportion of the directors, and for supplying vacancies arising from time to time; and (b) for otherwise altering, amending or adapting the provisions of the said Act, as may seem to him necessary to make those provisions conform with the provisions of this Act, or to enable the powers under the said Act to be exercised as if they were powers under this Act. Any such order may be revoked and varied by a subsequent order.
113 Short title, commencement, extent and repeals
(1) This Act may be cited as the Children and Young Persons (Scotland) Act 1937.
(2) This Act, except section twenty-nine thereof, shall come into operation on the first day of July nineteen hundred and thirty-seven.
(3) Save as therein otherwise expressly provided, this Act shall extend only to Scotland.
(4) The enactments mentioned in the Fourth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
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SCHEDULES
FIRST SCHEDULE
Sections 24, 25, 26, 47, 48, 65, 67, 71, 103, 111
OFFENCES AGAINST CHILDREN AND YOUNG PERSONS, WITH RESPECT TO WHICH SPECIAL PROVISIONS OF THIS ACT APPLY
(a) Any offence under the Criminal Law Amendment Act 1885.
(b) Any offence in respect of a child or young person which constitutes the crime of incest.
(c) Any offence under sections twelve, thirteen, fourteen, fifteen, twenty-two or thirty-three of this Act.
(d) Any other offence involving bodily injury to a child or young person.
SECOND SCHEDULE
Sections 85, 109
PROVISIONS AS TO ADMINISTRATION OF APPROVED SCHOOLS AND TREATMENT OF PERSONS SENT THERETO
General Provisions
1 (1) The Scottish Education Department 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 Scottish Education Department.
2. 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 Scottish Education Department.
Treatment of Pupils
3. 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
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fixed by rules made by the Scottish Education Department, for the purpose of affording him religious assistance and instruction.
4. If it appears to the managers of an approved school that a person who has been ordered to be sent to their school requires medical attention before he can properly be received into the school, or that a person detained in the school requires such attention, they may make arrangements for him to be received into and detained in any hospital, home or other institution where he can receive the necessary attention; and that person, while so detained, shall for the purposes of this Act be deemed to be under the care of the managers of the school, and shall, for the purposes of section ten of the Mental Deficiency and Lunacy (Scotland) Act 1913, be deemed to be detained in the school.
Power to Place out Pupils
5. At any time during the period of a person's detention in an approved school the managers of the school may grant leave to him to be absent therefrom in the charge of such person and for such period as they think fit, but during such leave he shall, for the purposes of this Act, be deemed to be under the care of the managers of the school, and the managers may at any time require him to return to the school.
6 (1) At any time during the period of a person's detention in an approved school the managers of the school may and, if the Scottish Education Department so direct, shall by licence in writing permit him to live with his parent, or with any trustworthy and respectable person (to be named in the licence) who is willing to receive and take charge of him:
Provided that, without the consent of the Scottish Education Department, a licence shall not be granted during the first twelve months of the period of a person's detention.
(2) The Scottish Education Department shall through their inspectors review the progress made by persons detained in approved schools with a view to ensuring that they shall be placed out on licence as soon as they are fit to be so placed out.
(3) The managers of the school may at any time by order in writing revoke any licence, and require the person to whom it relates to return to the school.
(4) For the purposes of this Act, a person who is out on licence from an approved school shall be deemed to be under the care of the managers of the school.
7. If a person under the care of the managers of an approved school conducts himself well, the managers of the school may, with his written consent, apprentice or place him in any trade, calling, or service, including service in the Navy, Army or Air
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Force, or may, with his written consent and with the written consent of the Scottish Education Department, arrange for his emigration.
Before exercising their powers under this paragraph, the managers shall, in any case where it is practicable so to do, consult with the parents of the person concerned.
Misconduct of Pupils
8. If a person detained in an approved school is guilty of serious misconduct, the managers, if authorised by the Scottish Education Department so to do, may bring him before a court of summary jurisdiction and that court may (notwithstanding any limitations contained in this Act upon the period during which he may be detained in an approved school) order him -
(a) if he is under the age of sixteen years, to have the period of his detention in the school increased by such period not exceeding six months as the court may direct; or
(b) if he has attained the age of sixteen years but is under the age of seventeen years, to have the period of his detention so increased, or to be sent to a Borstal institution for a period of two years; or
(c) if he has attained the age of seventeen years, to have the period of his detention so increased, or to be sent to a Borstal institution for two years, or to be imprisoned for three months.
Discharge and Transfer
9 (1) The Scottish Education Department may at any time order a person under the care of the managers of an approved school to be discharged, or to be transferred to the care of the managers of another school, or, with the consent of the Secretary of State, to the care of the managers of a school in England which is an approved school within the meaning of the Children and Young Persons Act 1933.
(2) Upon a person being so discharged or transferred as aforesaid, the Scottish Education Department shall cause notice to be sent to the education authority liable to make contributions in respect of him.
(3) Where a person is transferred under the foregoing provisions of this paragraph to the care of the managers of a school in England, the provisions of this Act relating to contributions by parents, guardians and others, and education authorities, shall apply in respect of him as if the school in England were an approved school within the meaning of this Act, and if under the law in force in England he is retransferred to the care of the managers of a school in Scotland which is an approved school within the meaning of this Act, this Act shall have effect in
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relation to the retransfer as if it were a transfer under this paragraph from the care of the managers of one approved school in Scotland to the care of the managers of another approved school in Scotland.
10. The provisions of section seventy-two of this Act (which relate to religious persuasion) shall apply in relation to the transfer of persons to approved schools and orders made for that purpose as they apply in relation to the sending of persons to such schools and orders made for that purpose.
11. Where a person detained in an approved school is transferred to the care of the managers of another school, he shall be conveyed to his new school by and at the expense of the managers of the first-mentioned school.
Powers and duties of Managers and other Persons in Charge of Pupils
12 (1) Subject as hereinafter provided, all rights and powers exercisable by law by a parent shall as respects any person under the care of the managers of an approved school be vested in them:
Provided that, where a person out on licence or under supervision from an approved school is lawfully living with his parents or either of them, the said rights and powers shall be exercisable by the parents or, as the case may be, by the parent with whom he is living; but it shall be the duty of any such parent so to exercise those rights and powers as to assist the managers to exercise control over him.
(2) The managers of an approved school shall be under an obligation to provide for the clothing, maintenance and education of the persons under their care, except that while such a person is out on licence, or under supervision, their obligation shall be to cause him to be visited, advised and befriended and to give him assistance (including, if they think fit, financial assistance) in maintaining himself and finding suitable employment.
13. Every person who -
(a) is authorised by the managers of an approved school to take charge of a person under their care, or to apprehend such a person and bring him back to the school; or
(b) is authorised by an education or poor law authority or, being a probation officer, is authorised by a court, to take to an approved school a person ordered to be detained therein,
shall, for the purposes of his duty as aforesaid, have all the powers, protection, and privileges of a constable.
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Superannuation of Officers
14. 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 Scottish Education Department with the concurrence of the Treasury for regulating the grant of such allowances and gratuities, or unless it is specially sanctioned by the Scottish Education Department.
THIRD SCHEDULE
Section 111
TRANSITORY PROVISIONS
1. Any order, rule, or regulation made, any certificate given, and anything done, under any enactment repealed by this Act shall, for the purposes of this Act, be deemed to have been made, given or done under the corresponding provisions of this Act.
2. Any rule, byelaw, warrant or licence under any enactment repealed either by the Children and Young Persons (Scotland) 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 Children Act 1908 (hereinafter referred to as the Act of 1908), for the management and discipline of a certified school or to byelaws made under the Employment of Children Act 1903.
3. Where before the commencement of the Act of 1932 an order has been made under the Act of 1908, committing a child or young person to the care of a relative or other fit person, this
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Act shall have effect in relation to the child or young person as if the order were an order made under this Act:
Provided that, notwithstanding anything in this Act, the order shall not have effect for any longer period than the period for which it would have had effect if neither this Act nor the Act of 1932 had passed.
4. This Act shall apply in relation to a school which, at the first day of November, nineteen hundred and thirty-three, was a certified reformatory school or a certified industrial school as if the certificate for the school were a certificate of approval issued under this Act.
5. The Scottish Education Department may, if they think fit, approve for the purposes of this Act any school which on the twelfth day of July, nineteen hundred and thirty-two, was a certified day industrial school, and if they so approve any such school, the provisions of this Act shall apply in relation to that school and to children previously sent, or thereafter to be sent thereto, subject to such adaptations, modifications and exceptions as they may from time to time by order direct.
6. Subject to the provisions of this Schedule, this Act shall apply in relation to persons who at or after the first day of November, nineteen hundred and thirty-three, were or are lawfully detained in, or out on licence or under supervision from, or are absentees from, a certified school, as if they were persons detained in, or out on licence or under supervision from, or absentees from, an approved school under the provisions of this Act:
Provided that the periods for which such persons are liable to be detained in approved schools and to remain under the supervision of the managers shall (except so far as increased by virtue of the provisions of this Act relating to persons guilty of misconduct in schools or of escaping, running away or refusing to return when recalled) be such as if neither this Act nor the Act of 1932 had passed.
7. Where a child or young person has, before the first day of November, nineteen hundred and thirty-three, been ordered to be sent to a certified school, it shall be the duty of the council or authority, if any, who under the Act of 1908 were liable to provide for his reception and maintenance in the school to make such contributions in respect of him as would by this Act be required to be made if he had been sent to the school under an approved school order and they were the education authority named in that order as being the authority within whose area he was resident: and if in any such case as aforesaid -
(a) it had not been determined at the commencement of the Act of 1932 who are the council or authority who are responsible as aforesaid; or
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(b) proceedings might but for the passing of this Act and the Act of 1932 have been had for varying a determination as to that question,
the like proceedings may be had for determining the question and for varying any determination in respect thereof as might have been had if neither this Act nor the Act of 1932 had passed.
8. Where a child or young person has before the first day of November, nineteen hundred and thirty-three, been ordered to be sent to a certified school at the instance of a county, town or parish council, the county or town council concerned shall be under the like obligation to make contributions to the expenses of the managers of the school as they would be under if he had been sent to the school by virtue of an approved school order made on their application in their capacity as a poor law authority.
9. Where before the first day of November, nineteen hundred and thirty-three, a child or young person was committed to the care of a relative or other fit person or was ordered to be sent to a certified school and an order was in force at that date requiring any person liable to maintain him to contribute to his maintenance, or requiring the whole or any part of any payment under a decree for aliment to be paid to a person named in the order, this Act shall apply in relation to the order as if it had been made under this Act, and where the order provides for the making of payments to the Scottish Education Department, it shall, by virtue of this Act and without more, be deemed to provide that the payments shall be made to the education authority within whose area the person liable to make the payments is from time to time resident.
10. Where in pursuance of section fifty-three of the Act of 1908 a child has been boarded out by the managers of a certified school, this Act shall apply in relation to that child -
(a) if the managers are a county or town council or an education authority, as if he had been committed under this Act to their care and had been boarded out by them under this Act;
(b) if the managers are not a county or town council or an education authority, as if he were out on licence from the school.
11. Where before the first day of November, nineteen hundred and thirty-three, a child or young person entered into a bond under the proviso to subsection (4) of section fifty-eight of the Act of 1908 or under section sixty of that Act, the provisions of section seventy of this Act shall apply as if such an order as is mentioned in that section had been made placing him under the supervision of a probation officer, and the bond shall cease to have effect.
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12. The repeal by the Act of 1932 of the provisions of the Act of 1908 relating to places of detention shall not render illegal the custody of a child or young person in such a place unless and until a remand home for the area in question has been provided in substitution therefor, and when such a home has been provided, the children or young persons in custody in the place of detention shall be transferred to and kept in custody in the home.
FOURTH SCHEDULE
Section 113
ENACTMENTS REPEALED
Session and Chapter. | Short Title. | Extent of Repeal. |
8 Edw. 7. c. 67. | The Children Act 1908. | The whole Act so far as unrepealed, except section one hundred and twenty-two, section one hundred and thirty-two (so far as necessary for the application to Scotland of the first mentioned section), and subsection (1) of section one hundred and thirty-four. |
10 Edw. 7. & 1 Geo. 5. c. 25. | The Children Act (1908) Amendment Act 1910. | The whole Act. |
22 & 23 Geo. 5. c. 47. | The Children and Young Persons (Scotland) Act 1932. | The whole Act except sections nine and seventy-three, subsection (1) of section eighty-three from the beginning to the words "Act 1932," and subsection (3) of section eighty-three. |
26 Geo. 5. & 1 Edw. 8. c. 42. | The Education (Scotland) Act 1936. | Section five. |