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.
87 Power to send children and young persons from England, Northern Ireland, Isle of Man and Channel Islands to approved schools in Scotland.
(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 Criminal Justice (Scotland) Act 1963 and of the Criminal Procedure (Scotland) Act 1975and of the Prisons (Scotland) Act 1989 as if the order sending him to the school in Northern Ireland were an order for committal for residential training made under section 413 of the said Act of 1975 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.
(2) The Secretary of State 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 the Secretary of State is made—
(a) for the expenses of the conveyance of the children or young persons, and of their reconveyance when discharged, or released under supervision;
(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 place 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 and of the Criminal Procedure (Scotland) Act 1975and of the Prisons (Scotland) Act 1989 as if the order were an order for committal for residential training made under section 413 of the said Act of 1975 made upon the same date.
(4) A 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 the Secretary of State 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 the Secretary of State, 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) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 Powers, duties and expenses of local authorities, &c.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) Act 1962, . . .
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.
(2A) Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the Social Work (Scotland) Act 1968.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5), (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) A 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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.
(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 provided by the Criminal Procedure (Scotland) Act 1975.
(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.
(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is say:—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Borstal institution” means an institution established under section 31 of the Prisons (Scotland) Act 1952;
...
“Child” (except in Parts III and IV of this Act) means a person under the age of fourteen years;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Justice” . . . includes the sheriff and any such magistrate as aforesaid;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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;
...
“Local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“parental responsibilities” has the same meaning as in section 1(3) of the Children (Scotland) Act 1995 and includes the responsibilities which —
a father would have as a parent but for the operation of section 3(1)(b) of that Act;
a second female parent would have as a parent but for the operation of section 3(1)(d) of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Passage” includes common close, or common stair, or common passage;
“place of safety” has the meaning give by section 93(1) of the Children (Scotland) Act 1995;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Prescribed” means prescribed by regulations made by the Secretary of State . . . ;
“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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“residential establishment” has the meaning given by the said section 93(1);
“Street” includes any highway and any public bridge, road, lane, footway, square, court, alley or passage whether a thoroughfare or not;
“Training school order” has the same meaning as in the Social Work (Scotland) Act 1968;
“Young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.