6
PART 1
Selection of approved school.
Temporary committal of persons ordered
to be sent to
approved schools.
CH. 37
Children and Young Persons Act 1963
The Magistrates' Courts Act 1952 shall apply in relation to a recognizance under this subsection as it applies in relation to a recognizance to be of good behaviour.”
Approved schools
8.(1) The school to which a person is to be sent in pur- suance of an approved school order shall not be specified in the order; but the order shall be authority for his detention in any approved school and the school in which he is to be detained at any time shall be determined by the Secretary of State.
(2) In determining the approved school in which a person is to be detained the Secretary of State shall, where practicable, select a school for persons of the religious persuasion to which he belongs.
(3) If the parent, guardian or nearest adult relative of a person in respect of whom an approved school order has been made applies to a juvenile court for an order under this subsection and proves to the court that the religious persuasion of that person is not as declared (under section 70(1) of the principal Act) by the approved school order, the court shall by order declare the religious persuasion of that person to be that so proved and send a copy of its order to the Secretary of State: but no such application with respect to a person under the care of the managers of an approved school shall be made later than thirty days after his arrival there.
(4) An application under subsection (3) of this section may be made-
(a) if the approved school order was made by a juvenile or other magistrates' court, to a juvenile court acting for the same petty sessions area as that court;
(b) in any other case, to a juvenile court acting for the petty
sessions area in which the applicant resides.
9.-(1) Every approved school order shall take effect immediately, but shall provide for such time (if any) as may elapse before the person to whom it relates can be sent to an approved school by committing him either-
(a) to custody in a place specified in accordance with sub-
section (3) of this section; or
(b) to the custody of a fit person to whose care he might
have been committed under the principal Act.
(2) Any provision made in pursuance of subsection (1) of this section shall, unless extended under this subsection, cease to have effect at the expiration of twenty-eight days; and any such pro- vision may, on the application of any person, be varied, and from time to time extended for not more than twenty-eight days, by a juvenile court, and may be so extended in the absence of the person to whom it relates.
Page 45Page 46