Download Children and Young Persons Act 1933: Amendments and Modifications and more Study notes Art in PDF only on Docsity!
Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Children and Young Persons Act 1933
1933 CHAPTER 12 23 and 24 Geo 5
An Act to consolidate certain enactments relating to persons under the age of eighteen
years. [13th April 1933]
Extent Information
E1 Act: does not extend to Scotland or Northern Ireland save as therein otherwise expressly provided see s. 109(3).
Modifications etc. (not altering text)
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 Information
I1 Act partly in force at Royal Assent by s. 109(2) (now repealed); Act wholly in force at 1.11.1933.
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05- Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART I PREVENTION OF CRUELTY AND EXPOSURE TO MORAL AND PHYSICAL DANGER Offences 1 Cruelty to persons under sixteen. (1) If any person who has attained the age of sixteen years and [F1 has responsibility for ] any child or young person under that age, wilfully assaults, ill-treats [F2 (whether physically or otherwise) ] , neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated [F3 (whether physically or otherwise) ] , neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health [F4 (whether the suffering or injury is of a physical or a psychological nature) ] , that person shall be guilty of [F5 an offence ] , and shall be liable— (a) on conviction on indictment, to a fine... F6^ or alternatively,... F7 , or in addition thereto, to imprisonment for any term not exceeding [F8 ten ] years; (b) on summary conviction, to a fine not exceeding [F9 £400 ] pounds, or alternatively,... F7 , or in addition thereto, to imprisonment for any term not exceeding six months. (2) For the purposes of this section— (a) a parent or other person legally liable to maintain a child or young person [F10 , or the legal guardian of a child or young person, ] shall be deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him, or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided under [F11 the enactments applicable in that behalf ] ; (b) where it is proved that the death of an infant under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the infant) while the infant was in bed with some other person who has attained the age of sixteen years, that other person shall, if he was, when he went to bed [F12 or at any later time before the suffocation ] , under the influence of drink [F13 or a prohibited drug ] , be deemed to have neglected the infant in a manner likely to cause injury to its health. [F14 (2A) The reference in subsection (2)(b) to the infant being “in bed” with another (“the adult”) includes a reference to the infant lying next to the adult in or on any kind of furniture or surface being used by the adult for the purpose of sleeping (and the reference to the time when the adult “went to bed” is to be read accordingly). (2B) A drug is a prohibited drug for the purposes of subsection (2)(b) in relation to a person if the person's possession of the drug immediately before taking it constituted an offence under section 5(2) of the Misuse of Drugs Act 1971. ] (3) A person may be convicted of an offence under this section— (a) notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person; (b) notwithstanding the death of the child or young person in question.
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05- Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments
F19 Words in s. 3(1) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 3(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2). F20 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 1 para. 4 F21 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 F22 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5 F23 S. 3(2) repealed by Sexual Offences Act 1956 (c. 69). s. 52, Sch. 4 4 Causing or allowing persons under sixteen to be used for begging. (1) If any person causes or procures any child or young person under the age of sixteen years or, having [F24 responsibility for ] such a child or young person, allows him to be in any street, premises, or place for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise) he shall, on summary conviction, be liable to a fine not exceeding [F25 level 2 on the standard scale ] , or alternatively,... F26 (^) or in addition thereto, to imprisonment for any term not exceeding three months. (2) If a person having [F24 responsibility for ] a child or young person is charged with an offence under this section, and it is proved that the child or young person was in any street, premises, or place for any such purpose as aforesaid, and that the person charged allowed the child or young person to be in the street, premises, or place, he shall be presumed to have allowed him to be in the street, premises, or place for that purpose unless the contrary is proved. (3) If any person while singing, playing, performing or offering anything for sale in a street or public place has with him a child who has been lent or hired out to him, the child shall, for the purposes of this section, be deemed to be in that street or place for the purpose of inducing the giving of alms.
Textual Amendments
F24 Words in s. 4(1)(2) substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 3(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2). F25 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 F26 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5 5 Giving intoxicating liquor to children under five. If any person gives, or causes to be given, to any child under the age of five years any [F27^ alcohol (within the meaning given by section 191 of the Licensing Act 2003, but disregarding subsection (1)(f) to (i) of that section) ] , except upon the order of a duly qualified medical practitioner, or in case of sickness, apprehended sickness, or other urgent cause, he shall, on summary conviction, be liable to a fine not exceeding [F28 level 1 on the standard scale ].
Textual Amendments
F27 Words in s. 5 substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201 , Sch. 6 para. 13 (with ss. 2(3), 15(2), 195 ); S.I. 2005/3056, art. 2(2)
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05-
Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F28 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 6................................ F
Textual Amendments
F29 (^) S. 6 repealed by Licensing Act 1953 (c. 46), Sch. 10 7 Sale of tobacco, &c. to persons under [F30eighteen]. (1) Any person who sells to a person [F31... ] under the age of [F32 eighteen ] years any tobacco or cigarette papers, whether for his own use or not, shall be liable, [F33 on summary conviction to a fine not exceeding level 4 on the standard scale. ] F34[ (1A) It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. ] (2) If on complaint to a [F35 magistrates' court ] it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises [F36 has been used by any person ] under the age of [F32 eighteen ] years, the court [F37 shall ] order the owner of the machine, or the person on whose premises the machine is kept, to take such precautions to prevent the machine being so used as may be specified in the order or, if necessary, to remove the machine, within such time as may be specified in the order, and if any person against whom such an order has been made fails to comply therewith, he shall be liable, on summary conviction, [F38 to a fine not exceeding level 4 on the standard scale. ] (3) It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the [F39 local policing body ] may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct. (4) Nothing in this section shall make it an offence to sell tobacco or cigarette papers to, or shall authorise the seizure of tobacco or cigarette papers in the possession of, any person who is at the time employed by a manufacturer of or dealer in tobacco, either wholesale or retail, for the purposes of his business, or is a boy messenger in uniform in the employment of a messenger company and employed as such at the time. (5) For the purposes of this section the expression “tobacco” includes cigarettes [F40 any product containing tobacco and intended for oral or nasal use ] and smoking mixtures intended as a substitute for tobacco, and the expression “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking.
Textual Amendments
F30 Word in s. 7 sidenote substituted (1.10.2007) by The Children and Young Persons (Sale of Tobacco etc.) Order 2007 (S.I. 2007/767), art. 2(a) (with effect as mentioned in art. 1)
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05-
Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments
F43 S. 10 repealed (1.10.1993) by 1993 c.35, ss. 303(4), 307(1)(3), Sch. 19, para. 1, Sch. 21 Pt.I ; S.I. 1993/1975, art. 9, Sch. 1A ppendix. 11 †Exposing children under seven to risk of burning. If any person who has attained the age of sixteen years, having [F44 responsibility for ] any child under the age of [F45 twelve ] years, allows the child to be in any room containing an open fire grate [F46 or any heating appliance liable to cause injury to a person by contact therewith ] not sufficiently protected to guard against the risk of his being burnt or scalded without taking reasonable precautions against that risk, and by reason thereof the child is killed or suffers serious injury, he shall on summary conviction be liable to a fine not exceeding [F47 level 1 on the standard scale ] : Provided that neither this section, not any proceedings taken thereunder, shall affect any liability of any such person to be proceeded against by indictment for any indictable offence.
Textual Amendments
F44 Words in s. 11 substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 3(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2). F45 Word substituted by Children and Young Persons (Amendment) Act 1952 (c. 50), Sch. para. 1(a) F46 Words inserted by Children and Young Persons (Amendment) Act 1952 (c. 50), Sch. para. 1(b) F47 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C11 Unreliable marginal note. C12 Words in s. 11 substituted by 1952 c. 50, continued to have effect (5.11.1993) by 1993 c. 50, s. 1(2), Sch. 2 Pt. II para. 23. 12 Failing to provide for safety of children at entertainments. (1) Where there is provided in any building an entertainment for children, or an entertainment at which the majority of the persons attending are children, then, if the number of children attending the entertainment exceeds one hundred, it shall be the duty of the person providing the entertainment to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate, and to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and to take all other reasonable precautions for the safety of the children. (2) Where the occupier of a building permits, for hire or reward, the building to be used for the purpose of an entertainment, he shall take all reasonable steps to secure the observance of the provisions of this section. (3) If any person on whom any obligation is imposed by this section fails to fulfil that obligation, he shall be liable, on summary conviction, to a fine not exceeding, in the
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05- Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes case of a first offence fifty pounds, and in the case of a second or subsequent offence one hundred pounds F.... (4) A constable may enter any building in which he has reason to believe that such an entertainment as aforesaid is being, or is about to be, provided, with a view to seeing whether the provisions of this section are carried into effect, and an officer authorised for the purpose by an authority by whom licences are granted under any of the enactments referred to in the last foregoing subsection shall have the like power of entering any building so licensed by that authority. (5) The institution of proceedings under this section shall— [F49 (a) in the case of a building in respect of which a premises licence authorising the provision of regulated entertainment has effect, be the duty of the relevant licensing authority; ] (b) in any other case, be the duty of the [F50 chief officer of police ]. [F51 (5A) For the purposes of this section— (a) “premises licence” and “the provision of regulated entertainment” have the meaning given by the Licensing Act 2003, and (b) “the relevant licensing authority”, in relation to a building in respect of which a premises licence has effect, means the relevant licensing authority in relation to that building under section 12 of that Act. ] (6) This section shall not apply to any entertainment given in a private dwelling-house.
Textual Amendments
F48 Words in s. 12(3) repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199 , Sch. 6 para. 14(a), Sch. 7 (with ss. 2(3), 15(2), 195 ); S.I. 2005/3056, art. 2(2) F49 S. 12(5)(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199 , Sch. 6 para. 14(b) (with ss. 2(3), 15(2), 195 ); S.I. 2005/3056, art. 2(2) F50 Words in s. 12(5)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 68 ; S.I. 2011/3019, art. 3, Sch. 1 F51 S. 12(5A) inserted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199 , Sch. 6 para. 14(c) (with ss. 2(3), 15(2), 195 ); S.I. 2005/3056, art. 2(2)
Modifications etc. (not altering text)
C13 (^) S. 12: functions of local authority not to be the responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 B1 35 C14 (^) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) [F52 Persistent sales of tobacco [F53 or nicotine products ] to persons under 18
Textual Amendments
F52 Ss. 12A-12D and preceding cross-heading inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 143(2) , 153 ; S.I. 2009/860, art. 2(c)
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05- Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments
F54 Words in s. 12A(1) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(3)(a) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F55 Words in s. 12A(3) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(3)(b) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F56 Words in s. 12A(7)(a) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(3)(c) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 12B Restricted sale orders (1) This section applies where a person (“the offender”) is convicted of a tobacco [F57 or nicotine ] offence (“the relevant offence”). (2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender. (3) A restricted sale order is an order prohibiting the person to whom it relates— (a) from selling any tobacco [F58 , cigarette papers or nicotine product ] to any person, (b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco [F59 , cigarette papers or nicotine products ] to any person, (c) from keeping any F60 ... machine on any premises for the purpose of selling tobacco [F61 or nicotine products ] or permitting any F60 ... machine to be kept on any premises by any other person for that purpose, and (d) from having any management functions in respect of any premises in so far as those functions relate to any F62 ... machine kept on the premises for the purpose of selling tobacco [F63 or nicotine products ]. (4) The order has effect for the period specified in the order, but that period may not exceed one year. (5) The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco [F64 or nicotine ] offences. (6) In this section any reference to a F65 ... machine is a reference to an automatic machine for the sale of tobacco [F66 or nicotine products ].
Textual Amendments
F57 Words in s. 12B(1) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(a) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F58 Words in s. 12B(3)(a) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(i) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05-
Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F59 Words in s. 12B(3)(b) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(ii) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F60 Word in s. 12B(3)(c) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iii) , 139(6); S.I. 2014/2609, art. 2 ; S.I. 2015/375, art. 3 F61 Words in s. 12B(3)(c) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iv) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F62 Word in s. 12B(3)(d) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iii) , 139(6); S.I. 2014/2609, art. 2 ; S.I. 2015/375, art. 3 F63 Words in s. 12B(3)(d) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(b)(iv) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F64 Words in s. 12B(5) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(c) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F65 Word in s. 12B(6) omitted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), ss. 93(4)(d)(i) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 F66 Words in s. 12B(6) inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(4)(d)(ii) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3 12C Enforcement (1) If— (a) a person sells on any premises any tobacco [F67 , cigarette papers or nicotine product ] in contravention of a restricted premises order, and (b) the person knew, or ought reasonably to have known, that the sale was in contravention of the order, the person commits an offence. (2) If a person fails to comply with a restricted sale order, the person commits an offence. (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (4) A person guilty of an offence under this section is liable, on summary conviction, to [F68 a fine ]. (5) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.
Textual Amendments
F67 (^) Words in s. 12C(1)(a) substituted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(5) , 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3
Part I – Prevention of Cruelty and Exposure to Moral and Physical Danger Document Generated: 2022-05-
Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Special Provisions as to Prosecutions for Offences specified in First Schedule 13 (1)................................ F (2)................................ F
Textual Amendments
F75 S. 13(1)(2) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I 14 Mode of charging offences and limitation of time. (1) Where a person is charged with committing any of the offences mentioned in the First Schedule to this Act in respect of two or more children or young persons, the same information or summons may charge the offence in respect of all or any of them, but the person charged shall not, if he is summarily convicted, be liable to a separate penalty in respect of each child or young person except upon separate informations. (2) The same information or summons F76^... may charge him with the offences of assault, ill-treatment, neglect, abandonment, or exposure, together or separately, and may charge him with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to health, alternatively or together, but when those offences are charged together the person charged shall not, if he is summarily convicted, be liable to a separate penalty for each. (3)................................ F (4) When any offence mentioned in the First Schedule to this Act charged against any person is a continuous offence, it shall not be necessary to specify in the information, summons, or indictment, the date of the acts constituting the offence.
Textual Amendments
F76 Words in s. 14(2) repealed (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch.15 ( with Sch. 14 para. 27(4)); S.I. 1991/828, art. 3(2). F77 S. 14(3) repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5 15................................ F
Textual Amendments
F78 S. 15 repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 47, 95), s. 119, Sch. 7 Pt. V Supplemental 16................................ F
Part II – Employment Document Generated: 2022-05- Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments
F79 S. 16 repealed by Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36), Sch. 3 [F80 17 Interpretation of Part I. (1) For the purposes of this Part of this Act, the following shall be presumed to have responsibility for a child or young person— (a) any person who— (i) has parental responsibility for him (within the meaning of the Children Act 1989); or (ii) is otherwise legally liable to maintain him; and (b) any person who has care of him. (2) A person who is presumed to be responsible for a child or young person by virtue of subsection (1)(a) shall not be taken to have ceased to be responsible for him by reason only that he does not have care of him. ]
Textual Amendments
F80 S. 17 substituted (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2). PART II EMPLOYMENT
Modifications etc. (not altering text)
C15 Pt. II extended by Children and Young Persons Act 1963 (c. 37), s. 44(1) General Provisions as to Employment 18 Restrictions on employment of children. (1) Subject to the provisions of this section and of any byelaws made thereunder no child shall be employed— [F81 (a) so long as he is under the age of [F82 fourteen years ]] ; or [F83 (aa) to do any work other than light work or; ] (b) before the close of school hours on any day on which he is required to attend school; or [F84 (c) before seven o’clock in the morning or after seven o’clock in the evening or any day; or ] (d) for more than two hours on any day on which he is required to attend school; or [F85 (da) for more than twelve hours in any week in which he is required to attend school; or ] (e) for more than two hours on any Sunday; or
Part II – Employment Document Generated: 2022-05- Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Education Act 1996 F93 , or their capacity to benefit from the instruction received or, as the case may be, the experience gained; “week” means any period of seven consecutive days; and “year”, except in expressions of age, means a period of twelve months beginning with 1st January. ] [F94 (3) Nothing in this section, or in any byelaw made under this section, shall prevent a child from [F95 doing anything ] — (a) under the authority of a licence granted under this Part of this Act; or (b) in a case where by virtue of section 37(3) of the M1 Children and Young Persons Act 1963 no licence under that section is required for him to [F95 do it ]. ]
Textual Amendments
F81 S. 18(1)(a) substituted by Children Act 1972 (c. 44), s. 1(2) F82 Words in s. 18(1)(a) substituted (4.8.1998) by S.I. 1998/276, reg. 2(2)(a). F83 S. 18(1)(aa) inserted (4.8.1998) by S.I. 1998/276, reg. 2(2)(b). F84 S. 18(1)(c) substituted by Children and Young Persons Act 1963 (c. 37), s. 34 F85 S. 18(1)(da) inserted (11.10.2000) by S.I. 2000/2548, reg. 2(1) F86 S. 18(1)(f) repealed with specified exceptions (1.1.1993) by S.I. 1992/2793, art. 8, Sch. 2 , Pt. I and omitted (4.8.1998) by S.I. 1998/276, reg. 2(2)(c) and repealed (31.12.1998) by virtue of S.I. 1998/2857 art. 1(2)(a). F87 S. 18(1)(g)-(j) inserted (4.8.1998) by S.I. 1998/276, reg. 2(2)(d). F88 S. 18(2)(a)(i) substituted by Children Act 1972 (c. 44), s. 1(2) F89 Words in s. 18(2)(a)(i) inserted (4.8.1998) by S.I. 1998/276, reg. 2(3)(a). F90 Words in s. 18(2)(a)(i) substituted (7.6.2000) by S.I. 2000/1333, art. 2(1) F91 S. 18(2)(a)(ia) inserted (4.8.1998) by S.I. 1998/276, reg. 2(3)(b). F92 S. 18(2A) inserted (4.8.1998) by S.I. 1998/276, reg. 2(4). F93 1996 c.56. F94 S. 18(3) substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 4 F95 Words in s. 18(3)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 2(5).
Marginal Citations
M1 (^) 1963 c. 37. 19................................ F
Textual Amendments
F96 S. 19 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II 20 Street trading. [F97 (1) Subject to subsection (2) of this section, no child shall engage or be employed in street trading. ] (2) A local authority may make byelaws [F98 authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ] and byelaws so made
Part II – Employment Document Generated: 2022-05-
Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes may distinguish between persons of different ages and sexes and between different localities, and may contain provisions— (a) forbidding any such person to engage or be employed in street trading unless he holds a licence granted by the authority, and regulating the conditions on which such licences may be granted, suspended, and revoked; F99 (b)................................ (c) requiring such persons so engaged or employed to wear badges; (d) regulating in any other respect the conduct of such persons while so engaged or employed. F100 (3)................................ [F101 (3) Byelaws made under subsection (2) shall contain provisions determining the days and hours during which, and the places at which, such persons may engage or be employed in street trading. ]
Textual Amendments
F97 S. 20(1) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 2(a) F98 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 2(b) F99 S. 20(2)(b) omitted (7.6.2000) by virtue of S.I. 2000/1333, art. 2(2)(a) F100 S. 20(3) repealed (26.8.1994) by 1994 (c. 20), ss. 4, 5(2), Sch. 4 para. 24, Sch. 5); S.I. 1994/1841, art. 2 F101 S. 20(3) inserted (7.6.2000) by S.I. 2000/1333, art. 2(2)(b)
Modifications etc. (not altering text)
C16 (^) S. 20 restricted by Children and Young Persons Act 1963 (c. 37), s. 35(2) 21 Penalties and legal proceedings in respect of general provisions as to employment. (1) If a person is employed in contravention of any of the foregoing provisions of this Part of this Act, or of the provisions of any byelaw [F102 or regulation ] made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding [F103 twenty pounds ][F104 £50 ] or, in the case of a second or subsequent offence, not exceeding [F103 fifty pounds ][F105 £100 ] : Provided that, if proceedings are brought against the employer, the employer, upon information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence. (2) Where an employer seeks to avail himself of the proviso to the last foregoing subsection,
Part II – Employment Document Generated: 2022-05-
Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 23 Prohibition against persons under sixteen taking part in performances endangering life or limb. [F110 No person under the age of sixteen years, and no child aged sixteen years, ] shall take part in any [F111 performance to which [F112 section 37(2) ] of the M2 Children and Young Persons Act 1963 applies and ] in which his life or limbs are endangered and every person who causes or procures [F113 such a person or child ] , or being his parent or guardian allows him, to take part in such a performance, shall be liable on summary conviction to a fine not exceeding [F114 £50 ] ; or in the case of a second or subsequent offence, not exceeding [F114 £100 ] : Provided that no proceedings shall be taken under this subsection except by or with the authority of a chief officer of police.
Textual Amendments
F110 Words in s. 23 substituted (7.6.2000) by S.I. 2000/1333, art. 2(3)(a) F111 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 5 F112 Words in s. 23 substituted (4.8.1998) by S.I. 1998/276, reg. 4. F113 Words in s. 23 substituted (7.6.2000) by S.I. 2000/1333, art. 2(3)(b) F114 Words substituted by Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pt. I
Modifications etc. (not altering text)
C20 (^) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
Marginal Citations
M2 1963 c. 37. 24 Restrictions on training for performances of a dangerous nature. (1) No [F115 child ] under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no [F116 child 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 [F117 £20 ] or, in the case of a second or subsequent offence, not exceeding [F117 £50 ]. (2) A [F118 local authority ] may grant a licence for a [F119 child who has attained the age of twelve years ] to be trained to take part in performances of a dangerous nature. (3)................................ F (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 [F121 authority ] , necessary for his protection, but a licence shall not be refused if the [F121 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)................................ F
Part II – Employment Document Generated: 2022-05- Changes to legislation: Children and Young Persons Act 1933 is up to date with all changes known to be in force on or before 13 May 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments
F115 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 5(a)(i) F116 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 5(a)(ii) F117 Words substituted by Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pt. I F118 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 6(1) F119 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 5(b) F120 Ss. 14(3), 22 , 24(3)(5), 29(1)(2), 61 repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5 F121 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 6(2)
Modifications etc. (not altering text)
C21 (^) S. 24 amended by Children and Young Persons Act 1963 (c. 37), s. 41(2)(3) C22 (^) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) Employment Abroad 25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit. E+W (1) No person having [F122 responsibility for ] any [F123 child ] shall allow him, nor shall any person cause or procure any [F123 child ] , to go abroad [F124 (a) ] for the purpose of singing, playing performing, or being exhibited, for profit, [F125 or F125 (b) for the purpose of taking part in a sport, or working as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person, ] unless... F126^ a licence has been granted in respect of him under this section: Provided that this subsection shall not apply in any case where it is proved that the [F123 child ] was only temporarily resident within [F127 the United Kingdom ]. (2) A [F128 justice of the peace ] may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the [F128 justice of the peace ] thinks fit, for any [F129 child who has attained the age of fourteen years ] to go abroad [F130 for any purpose referred to in subsection (1) of this section, ] but no such license shall be granted in respect of any person unless the [F128 justice of the peace ] is satisfied— (a) that the application for the licence is made by or with the consent of his parent or guardian; (b) that he is going abroad to fulfil a particular engagement; (c) that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence; (d) that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him.
