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Children and Young Persons (Scotland) Act 1937

1937 CHAPTER 37 1 Edw 8 and 1 Geo 6cross-notesI1E1

F1An Act to consolidate in their application to Scotland certain enactments relating to persons under the age of eighteen years.

[1st July 1937]

Part I

1—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2Part II Prevention of Cruelty and Exposure to Moral and Physical Danger

Offences

12 Cruelty to persons under sixteen.

(1)F4,F4If any person who has attained the age of sixteen years and [F3who has parental responsibilities in relation to a child or to a young person under that age or has charge or care of a child or such a young person,F3] , wilfully ... ill-treats, neglects, abandons, or exposes him, or causes or procures him to be ... ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of an offence, and shall be liable—

(a)F5on conviction on indictment, to a fine . . . , or alternatively, or in default of payment of such a fine, or in addition thereto, to imprisonment for any term not exceeding [F6tenF6] years;

(b)on summary conviction, to a fine not exceeding [F7£400F7] , or alternatively, or in default of payment of such a fine, 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[F8 or the legal guardian of a child or young personF8] 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 [F9the enactments applicable in that behalfF9] ;

(b)where it is proved that the death of a child 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 child) while the child 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, under the influence of drink, be deemed to have neglected the child in a manner likely to cause injury to his health.

(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.

(4)Where any person who has attained the age of sixteen years is tried on indictment for the culpable homicide of a child or young person under the age of sixteen years [F10and he had parental responsibilities in relation to, or charge or care of, that child or young personF10] , it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under this section, to find him guilty of that offence.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11,F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13, 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1315 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 [F14parental responsibilities in relation to, or havingF14] , charge, or care of 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 [F15level 2 on the standard scaleF15] , or alternatively, or in default of payment of such a fine, or in addition thereto, to imprisonment for any term not exceeding three months.

(2)If a person having t [F14parental responsibilities in relation to, or havingF14] , charge, or care of 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.

F1616 Giving exciseable liquor to children under five.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17,F1818 Sale of tobacco, &c. to persons under sixteen.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1920 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2021 Punishment of vagrants preventing children from receiving education. cross-notes

(1)If a person habitually wanders from place to place and takes with him any child who has attained the age of five years, [F21or any young person who has not attained the age at which under the enactments relating to education children cease to be of school ageF21] , he shall, unless he proves that the child[F22 or young person is not, by being so taken with him, prevented from receiving efficient education suitable to his age, ability and aptitude, be liable on conviction by a court of summary jurisdiction to a fine not exceeding [F23 level 1 on the standard scaleF23] .F22]

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Without prejudice to the requirements of [F25the M1Education (Scotland) Act 1962F25] , as to school attendance or to proceedings thereunder, this section shall not, during the months of April to September inclusive, apply to any child whose parent or guardian is engaged in a trade or business of such a nature as to require him to travel from place to place, if a certificate has been obtained that the child has made not less than two hundred attendances at a public school during the months of October to March immediately preceding.

22 Exposing children under seven to risk of burning.

If any person who has attained the age of sixteen years, [F26and who has parental responsibilities in relation to a child under the age of seven years or charge or care of such a childF26] , allows the child to be in any room containing an open fire grate 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 [F27level 1 on the standard scaleF27] :

Provided that neither this section, nor any proceedings taken thereunder, shall affect any liability of any such person to be proceeded against by indictment for any indictable offence.

23 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)F28If 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 case of a first offence, fifty pounds, and in the case of a second or subsequent offence one hundred pounds, and also, if the building in which the entertainment is given is licensed . . . under any of the enactments relating to the licensing of theatres and of houses and other places for music or dancing, the licence shall be liable to be revoked by the authority by whom the licence was granted.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(6)This section shall not apply to any entertainment given in a private dwelling-house.

24, 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3026 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 Supplemental

27 Interpretation of Part II.

For the purposes of this Part of this Act—

Part III Employment cross-notes

General Provisions as to Employment

28 Restrictions on employment of children

[F34 (1)Subject to the provisions of this section and of any byelaws made thereunder, no child shall be employed—

[F35 (a)so long as he is under the age of [F36 fourteen yearsF36] ;F35]

[F37 (aa)to do any work other than light work; orF37]

(b)before the close of school hours on any day on which he is under obligation to attend school; or

[F38 (c)before seven o’clock in the morning or after seven o’clock in the evening on any day; orF38]

(d)for more than two hours on any day on which he is under obligation to attend school; or

[F39 (da)for more than twelve hours in any week in which he is required to attend school; orF39]

(e)for more than two hours on any Sunday; or

F40(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41 (g)for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day—

(i)on which he is not required to attend school, and

(ii)which is not a Sunday; or

(h)for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or

(i)for more than four hours in any day without a rest break of one hour; or

(j)at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.F41]

(2)An education authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—

(a)authorising—

[F42 (i)the employment [F43 on an occasional basisF43] of children [F44 aged thirteen yearsF44] (notwithstanding anything in paragraph (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural workF42] ;

[F45 (ia)the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw.F45]

(ii)the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are under obligation to attend school;

(b)prohibiting absolutely the employment of children in any specified occupation;

(c)prescribing—

(i)the age below which children are not to be employed;

(ii)the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed;

(iii)the intervals to be allowed to them for meals and rest;

(iv)the holidays or half-holidays to be allowed to them;

(v)any other conditions to be observed in relation to their employment;

so, however, that no such byelaws shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such byelaws shall have effect in addition to the said restrictions.

[F46 (2A)In this section—

[F48 (3)Nothing in this section or in any byelaw made under this section shall prevent a child from [F49 doing anythingF49] —

(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 M2Children and Young Persons Act 1963 no licence under that section is required for him to [F50 do itF50] .F48,F34]]

[F34 (1)A child may not be employed to work—

(a)so long as the child is under the age of 14 (subject to regulations under subsection (2));

(b)to do any work other than light work;

(c)to do work of a description specified in regulations made by the Scottish Ministers;

(d)before 7.00 a.m. or after 8.00 p.m. on any day;

(e)on any day on which the child is required to attend school—

(i)for more than one hour before the start of school hours,

(ii)during school hours, or

(iii)for more than two hours in total in the day;

(f)for more than 12 hours in any week in which the child is required to attend school;

(g)for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;

(h)for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;

(i)for more than four hours in any day without a break of one hour;

(j)at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.

(2)The Scottish Ministers may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.

(3) A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the Scottish Ministers.

(4)The Scottish Ministers may by regulations—

(a)make provision in relation to child employment permits;

(b)provide that subsection (3) does not apply in specified cases or circumstances;

(c)make provision about the keeping of records.

(5)The provision that may be made in reliance on subsection (4)(a) includes provision—

(a)authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;

(b)requiring a local authority to have regard to specified matters when determining an application;

(c)for the grant of a child employment permit subject to conditions determined by a local authority;

(d)requiring a child employment permit to contain specified information;

(e)authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;

(f)about appeals against—

(i)a decision to reject an application, or

(ii)the revocation of a child employment permit;

(g)imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);

(h)requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in Scotland, to a local authority in England or to a local authority in Wales.

(6)The Scottish Ministers may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—

(a)specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;

(b)specifying the intervals to be allowed to children for meals and breaks, when in employment;

(c)about entitlement to leave;

(d)specifying other conditions to be met in relation to the employment of children.

(7)Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—

(a)under the authority of a licence granted under this Part, or

(b)in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.

(8)In this section—

[F3428A Regulations under section 28: further provision

(1)Regulations under section 28 may—

(a)make different provision for different purposes or areas;

(b)make provision subject to exceptions;

(c)make transitional or saving provision.

(2)Regulations under section 28 may provide for the processing of information in accordance with the regulations not to be in breach of—

(a)any obligation of confidence owed by the person processing the information, or

(b)any other restriction on the processing of information (however imposed).

(3)Regulations under section 28 are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4) In this section “ processing ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act ). F34]

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5130 Street trading. cross-notes

[F52 (1)Subject to subsection (2) of this section, no child shall engage or be employed in street trading.F52]

(2)An education authority may make byelaws [F53authorising 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;F53] and byelaws so made 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;

F54(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.

[F55 (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.F55]

31 Penalties and legal proceedings in respect of general provisions as to employment. cross-notes

(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 [F56or regulationsF56] 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 conviction by a court of summary jurisdiction to a fine not exceeding [F57level 3 on the standard scaleF57] :

Provided that, if proceedings are brought against the employer, the employer, upon complaint duly laid by him and on giving to the prosecutor 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—

(a)the prosecutor shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence; and

(b)the court may make such order as it thinks fit for the payment of expenses by any party to the proceedings to any other party thereto.

[F58 (2A)Where a person is charged under this section with contravening section 28(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 28(1)(j) should be complied with.F58]

(3)A [F59childF59] , who engages in street trading in contravention of the provisions of the last foregoing section, or of any byelaw made thereunder, shall be liable on conviction by a court of summary jurisdiction to a fine not exceeding [F57level 1 on the standard scaleF57] .

Entertainments and Performances

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6033 Prohibition of persons under sixteen taking part in performances endangering life or limb.

[F61 No person under the age of sixteen years, and no child aged sixteen years,F61] shall take part in any [F62performance to which [F63 section 37(2)F63] of the M3Children and Young Persons Act 1963 applies andF62] in which his life or limbs are endangered and every person who causes or procures [F64such a person or childF64] , or, being his parent or guardian, allows him, to take part in such a performance, shall be liable on sumary conviction to a fine not exceeding [F65level 3 on the standard scaleF65] or, in the case of a second or subsequent offence, not exceeding [F65level 3 on the standard scaleF65] .

34 Restrictions on training for performances of a dangerous nature. cross-notes

(1)No [F66childF66] under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no [F67child who has attained that ageF67] 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 lible on conviction by a court of summary jurisdiction to a fine not exceeding [F68level 3 on the standard scaleF68] or, in the case of a second or subsequent offence, not exceeding [F68level 3 on the standard scaleF68] .

(2)An education authority may grant a licence for a [F69child who has attained the age of twelve yearsF69] to be trained to take part in performances of a dangerous nature.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(4)A licence under this section shall specifiy the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the authority, necessary for his protection, but a licence shall not be refused if the authority are 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70 Supplemental

35 Byelaws.

(1)F72A byelaw made under this Part of this Act shall not have effect until confirmed by the [F71Secretary of StateF71][F71 Scottish MinistersF71] ...

F73(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Byelaws so made may, without prejudice to any other method of proof, be proved in the like manner as that in which byelaws made under the [F74Local Government (Scotland) Act 1973 (c. 65)F74] , by a local authority may be proved, and [F75section 204F75] of that Act shall apply accordingly.

36 Powers of entry. cross-notes

(1)If it is made to appear to a justice by the education authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act or of a byelaw [F76or regulationsF76] made thereunder are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the education authority, or to a constable, empower him to enter, at any reasonable time within forty-eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in [F77a performanceF77] , [F78being trained, taking part in a sport, or working as a model,F78] and to make inquiries therein with respect to that person.

[F79 (2)Any authorised officer of the said authority or any constable may—

(a)at any time enter any place used as a broadcasting studio F80... or film studio or used for the recording of a performance with a view to its use in a [F81 programme serviceF81] or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which [F82 subsection (2) ofF82] section 37 of the M4Children and Young Persons Act 1963 applies;

(b)at any time during the currency of a licence granted under the said section 37 or under the provisions of this Part of this Act relating to training for dangerous performances enter any place (whether or not it is such a place as is mentioned in paragraph (a) of this subsection) where the person to whom the licence relates is authorised by the licence to [F83 do anythingF83] or to be trained, and may make inquiries therein with respect to the person.F79]

(3)Any person who obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any inquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding [F84level 2 on the standard scaleF84] .

[F85 (4)In this section—

37 Interpretation of Part III.

For the purposes of the foregoing provisions of this Part of this Act and of any byelaws [F86or regulationsF86] made thereunder—

[F87 (a) The expression “ child ” means a person who is not for the purposes of the M5 Education (Scotland) Act 1980 over school age; F87]

(b) The expression “ performance of a dangerous nature ” includes all acrobatic performances and all performances as a contortionist;

(c) The expression “ street trading ” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe-blacking and other like occupations carried on in streets or public places;

[F88 (d)Any reference to a day on which a child is under obligation to attend school shall be construed as a reference to a day upon which a meeting of the school he is attending is held;F88]

(e)A person who assists in a trade or occupation carried on for profit shall be deemed to be be employed notwithstanding that he receives no reward for his labour; and

(f)A chorister taking part in a religious service or in a choir practice for a religious service shall not, whether he receives any reward or not, be deemed to be employed;

F89(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38 Savings.

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(3)[F91 The provisions of this Part of this Act relating to employmentF91] shall not apply to a person detained in [F92a residential establishment where education is providedF92] .

(4)The said provisions shall be in addition to and not in substitution for any enactments relating to employment in factories, workshops, mines and quarries, or for giving effect to any international convention regulating employment.

(5),(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90Part IV Protection of Children and Young Persons in relation to Criminal Proceedings cross-notes

39—43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 General Provisions as to Proceedings in Court

44, 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95,F9646 Power to prohibit publication of certain matter in newspapers. cross-notes

(1)F97In relation to any proceedings in any court . . . , the court may direct that—

(a)no newspaper report of the proceedings shall reveal the name, address, or school, or include any particulars calculated to lead to the identification, of [F98a person under the age of seventeen yearsF98] concerned in the proceedings, either as being the person [F99by or againstF99] or in respect of whom the proceedings are taken, or as being a witness therein;

(b)no picture shall be published in any newspaper as being or including a picture of [F98a person under the age of seventeen yearsF98] so concerned in the proceedings as aforesaid;

except in so far (if at all) as may be permitted by the direction of the court.

(2)Any person who publishes any matter in contravention of any such direction shall on summary conviction be liable in respect of each offence to a fine not exceeding [F100level 4 on the standard scaleF100] .

47—54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101 Juvenile Offenders

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10256 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10357 Punishment of certain grave crimes.

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104(3)A person detained pursuant to the directions of the Secretary of State under [F105section [F106 205 or 206F106] of the M6Criminal Procedure (Scotland) Act 1975F105] . . .shall, while so detained, be deemed to be in legal custody.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F107[F10958F109] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F108[F11058A Committal for residential training.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(2)A child detained pursuant to the directions of the Secretary of State under [F112 section 413 of the M7Criminal Procedure (Scotland) Act 1975F112] shall, while so detained, be deemed to be in legal custody.

(3)Any child so detained as aforesaid may at any time be 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.F110]

59

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F113(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11460, 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

case F115,F11662 Power of Secretary of State to send certain juvenile offenders to approved schools.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11763 Register of children found guilty of offences.

In addition to any other register required by law, a separate register of children found guilty of offences and of children discharged on bond or put on probation shall be kept for every summary court by the chief constable or other person charged with the duty of keeping registers of convictions. The register shall apply to children of such age, and shall include such particulars, as may be directed by the Secretary of State, and it shall be the duty of the keeper of the register, within seven days after any such child has been dealt with by the court, to transmit a copy of the entry relating to the child to the education authority for the area in which the child resides.F117]

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11965, 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12067 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

case F12168—80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F122Part V Remand Homes, Approved Schools and Persons to whose care Children and Young Persons may be committed

81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12382 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124 Approved Schools

case 83—85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12586 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126,F12787 Power to send children and young persons from England, Northern Ireland, Isle of Man and Channel Islands to approved schools in Scotland. cross-notes

[F128 (1)Any person detained in a training school under the law in force in Northern Ireland may, with the consent of the Secretary of State, be transferred by order of the competent authority in Northern Ireland to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and shall be subject to the provisions of this Act and of the M8Criminal Justice (Scotland) Act 1963 [F129 and of the M9Criminal Procedure (Scotland) Act 1975F129] [F130 and of the Prisons (Scotland) Act 1989F130] as if the order sending him to the school in Northern Ireland were an order for committal for residential training made under [F131 section 413 of the said Act of 1975F131] made upon the same date, and as if the order were an authority for his detention for a period not exceeding the period for which he mght be detained under the training school order made in respect of him.F128]

(2)F133,F133[F132 The Secretary of StateF132] may at any time by order direct that a person who under the last foregoing subsection has been transferred to an approved school in Scotland from a school in . . . Northern Ireland shall be retransferred to the last-mentioned school, or to such other school as may be specified by the competent authority in . . . Northern Ireland, and thereupon the manager of that school shall receive him accordingly.

(3)If under any law of the Isle of Man or of any of the Channel Islands a court is empowered to order children or young persons under seventeen years of age to be sent to approved schools in Scotland and if by that law provision satisfactory to [F132the Secretary of StateF132] is made—

(a)for the expenses of the conveyance of the children or young persons, and of their reconveyance when discharged, or released [F134under supervisionF134] ;

(b)for contributions towards the expenses of the managers of the school; and

(c)for the contribution (if any) to be made by the parent or person legally liable to maintain a child or young person so sent, and the mode in which such contribution is to be raised,

a child or young person with respect to whom such an order is made by a court under the said law may be received into such [F135place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 [F129 and of the M10Criminal Procedure (Scotland) Act 1975F129] [F130 and of the Prisons (Scotland) Act 1989F130] as if the order were an order for committal for residential training made under [F131 section 413 of the said Act of 1975F131] made upon the same dateF135] .

(4)F133,F133,F133A person so ordered by the competent authority in . . . Northern Ireland or by a court in the Isle of Man or the Channel Islands to be transferred or sent to an approved school in Scotland, or so ordered by [F132the Secretary of StateF132] to be retransferred to a school in . . . Northern Ireland, may be conveyed in the custody of any constable or other person acting under a warrant issued by the competent authority in . . . Northern Ireland, or by a court in the Isle of Man or the Channel Islands, or by [F132the Secretary of StateF132] , as the case may be, to the school to which he is ordered to be transferred, sent or retransferred, and he shall during his conveyance to that school be deemed to be in legal custody.

(5) F133 In this section the expression “ competent authority ” means, . . . , in relation to Northern Ireland, the Minister of Home Affairs for Northern Ireland, or such authority or person as may be designated by the Parliament of Northern Ireland to exercise the powers conferred by this section on the competent authority in Northern Ireland.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13688—95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137Part VI

96—98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13899 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139Part VII Miscellaneous and General

100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140101 Powers, duties and expenses of local authorities, &c.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F141(2)Expenses incurred under this Act by an education authority shall be defrayed in like manner as expenses of the authority under [F142the Education (Scotland) Act 1962F142] , . . .

F143 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.

[F144 (2A)Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the M11Social Work (Scotland) Act 1968.F144]

F145(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F147(7)F143A local authority, an education 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.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F148 Supplementary Provisions as to Legal Proceedings

102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150[F151103 Proof of age a defence.

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.F151]

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, all 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 [F152provided by the M12Criminal Procedure (Scotland) Act 1975F152] .

(2)M13Any 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.

Supplementary Provisions as to Secretary of State

case 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

case F153107 †Exchequer grants and expenses of Secretary of State and Scottish Education Department. cross-notes

(1)There shall be paid out of money provided by Parliament—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154(b)F155any expenses incurred by the Secretary of State . . . in the administration of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157 General

109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

case F158110 Interpretation. cross-notes

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is say:—

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(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)F166the sheriff court, and the justice of the peace court for any county . . . 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(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.

(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, 112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F181113 †Short title, commencement, extent and repeals. cross-notes

(1)This Act may be cited as the Children and Young Persons (Scotland) Act 1937.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182(3)Save as therein otherwise expressly provided, this Act shall extend only to Scotland.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status: Children and Young Persons (Scotland) Act 1937 is up to date with all changes known to be in force on or before 13 June 2026. 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.
Children and Young Persons (Scotland) Act 1937 (1937/37)
Version from: 29 April 2026

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