Children and Young Persons (Scotland) Act 1937

Title and introductory text

Children and Young Persons (Scotland) Act 1937 1937 c.37 An Act to consolidate in their application to Scotland certain enactments relating to persons under the age of eighteen years. [1st July 1937]

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12 Cruelty to persons under sixteen.

(1) If any person who has attained the age of sixteen years and who 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,, 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) on 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 ten years; (b) on summary conviction, to a fine not exceeding the prescribed sum, or alternatively, or in default of payment of such a fine, or in addition thereto, to imprisonment for any term not exceeding 12 months. (2) For the purposes of this section— (a) a parent or other person legally liable to maintain a child or young person 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 the enactments applicable in that behalf; (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 and he had parental responsibilities in relation to, or charge or care of, that child or young person, 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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15 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 parental responsibilities in relation to, or having, 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 level 2 on the standard scale, 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 parental responsibilities in relation to, or having, 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.

16 Giving exciseable liquor to children under five.

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18 Sale of tobacco, &c. to persons under sixteen.

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21 Punishment of vagrants preventing children from receiving education.

(1) If a person habitually wanders from place to place and takes with him any child who has attained the age of five years, or any young person who has not attained the age at which under the enactments relating to education children cease to be of school age, he shall, unless he proves that the child 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 level 1 on the standard scale. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Without prejudice to the requirements of the Education (Scotland) Act 1962, 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, and who has parental responsibilities in relation to a child under the age of seven years or charge or care of such a child, 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 level 1 on the standard scale: 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) 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 level 3 on the standard scale, 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) This section shall not apply to any entertainment given in a private dwelling-house.

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27 Interpretation of Part II.

For the purposes of this Part of this Act— . . . Any person to whose charge a child or young person is committed by any person who has parental responsibilities in relation to him shall be presumed to have charge of the child or young person; Any other person having actual possession or control of a child or young person shall be presumed to have the care of him.

28 Restrictions on employment of children

(1) Subject to the provisions of this section and of any byelaws made thereunder, no child shall be employed— (a) so long as he is under the age of fourteen years; (aa) to do any work other than light work; or (b) before the close of school hours on any day on which he is under obligation to attend school; or (c) before seven o’clock in the morning or after seven o’clock in the evening on any day; or (d) for more than two hours on any day on which he is under obligation to attend school; or (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 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (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— (i) the employment on an occasional basis of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work; (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. (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. (2A) In this section— “light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed— is not likely to be harmful to the safety, health or development of children; and is not such as to be harmful to their attendance at school or to their participation in work experience in accordance with section 123 of the Education (Scotland) Act 1980 , 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. (3) Nothing in this section or in any byelaw made under this section shall prevent a child from 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 Children and Young Persons Act 1963 no licence under that section is required for him to do it. (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— “light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed— is not likely to be harmful to the safety, health or development of children, and is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 30 of the Education (Scotland) Act 1980 or to their participation in work experience in accordance with section 123 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be); “local authority in England” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act); “specified”, in relation to regulations made under any provision of this section, means specified in the regulations; “week” means any period of seven consecutive days; “year” means a period of 12 months beginning with 1 January.

28A 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).

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30 Street trading.

(1) Subject to subsection (2) of this section, no child shall engage or be employed in street trading. (2) An education authority may make byelaws 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 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; (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. (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.

31 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 or regulations 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 level 3 on the standard scale: 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. (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. (3) A child, 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 level 1 on the standard scale.

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

No person under the age of sixteen years, and no child aged sixteen years, shall take part in any performance to which section 37(2) of the Children and Young Persons Act 1963 applies and in which his life or limbs are endangered and every person who causes or procures 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 level 3 on the standard scale.

34 Restrictions on training for performances of a dangerous nature.

(1) No childunder the age of twelve years shall be trained to take part in performances of a dangerous nature, and no child who has attained that ageshall 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 level 3 on the standard scale or, in the case of a second or subsequent offence, not exceeding level 3 on the standard scale. (2) An education authority may grant a licence for a child who has attained the age of twelve yearsto be trained to take part in performances of a dangerous nature. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35 Byelaws.

(1) A byelaw made under this Part of this Act shall not have effect until confirmed by the Secretary of State Scottish Ministers ... (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 Local Government (Scotland) Act 1973 (c. 65), by a local authority may be proved, and section 204 of that Act shall apply accordingly.

36 Powers of entry.

(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 or regulations 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 a performance, being trained, taking part in a sport, or working as a model, and to make inquiries therein with respect to that person. (2) Any authorised officer of the said authority or any constable may— (a) at any time enter any place used as a broadcasting studio ... or film studio or used for the recording of a performance with a view to its use in a programme service or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which subsection (2) of section 37 of the Children 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 do anything or to be trained, and may make inquiries therein with respect to the person. (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 level 2 on the standard scale. (4) In this section— “broadcasting studio” means a studio used in connection with the provision of a programme service; “programme service” has the same meaning as in the Broadcasting Act 1990

37 Interpretation of Part III.

For the purposes of the foregoing provisions of this Part of this Act and of any byelaws or regulations made thereunder— (a) The expression “child” means a person who is not for the purposes of the Education (Scotland) Act 1980 over school age; (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; (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; (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; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38 Savings.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The provisions of this Part of this Act relating to employment shall not apply to a person detained in a residential establishment where education is provided. (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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46 Power to prohibit publication of certain matter in newspapers.

(1) In 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 a person under the age of seventeen years concerned in the proceedings, either as being the person by or against 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 a person under the age of seventeen years 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 level 4 on the standard scale.

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57 Punishment of certain grave crimes.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A person detained pursuant to the directions of the Secretary of State under section 205 or 206of the Criminal Procedure (Scotland) Act 1975. . .shall, while so detained, be deemed to be in legal custody. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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58A Committal for residential training.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A child detained pursuant to the directions of the Secretary of State under section 413 of the Criminal Procedure (Scotland) Act 1975 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.

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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62 Power of Secretary of State to send certain juvenile offenders to approved schools.

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