Children and Young Persons (Amendment) (Guernsey) Law, 2000

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The Children and Young Persons (Amendment)

(Guernsey) Law, 2000

THE STATES, in pursuance of their Resolution of the 26th day of July, 2000[a], have approved the following provisions, which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Islands of Guernsey, Herm and Jethou.

Amendment to Law of 1967.

1. For section 2 of the Children and Young Persons (Guernsey) Law, 1967, as amended[b], substitute the following section-

"Children and young persons in need of care, protection or control.

2. (1) A child or young person is in need of care, protection or control within the meaning of this Law if-

(a) any of the conditions mentioned in subsection (2) of this section is satisfied with respect to him, and he is not receiving, or is not likely to receive, such care, protection and guidance as a good parent may reasonably be expected to give; or

(b) he is, or is likely to be, beyond the control of his parent or guardian.

(2) The conditions referred to in paragraph (a) of subsection (1) of this section are that-

(a) he is falling, or is likely to fall, into bad associations or is, or is likely to be, exposed to moral danger; or

(b) the lack of care, protection or guidance is, or would be, likely to cause him unnecessary suffering or seriously to affect his health or proper development; or

(c) any of the offences mentioned in the First Schedule to this Law has been committed in respect of him or in respect of a child or young person who is, or is likely to be, a member of the same household; or

(d) he is, or is likely to be, a member of the same household as a person who has been convicted of such an offence in respect of a child or young person; or

(e) the child or young person is, or is likely to be, a female member of a household a member of which has committed or attempted to commit an offence under Article I of the Law entitled "Loi pour la Punition d'Inceste" registered on the 3rd day of August, 1909[c]; or

(f) he has misused a volatile substance by deliberately inhaling, other than for medicinal purposes, that substance's vapour."

Repeals.

2. (1) In the Child Protection (Guernsey) Law, 1972[d]-

(a) in section 1(2)(a), the words "and Part IV";

(b) section 7(1)(e);

(d) Part IV (sections 25 to 30);

(e) the entry in Part I of the Schedule relating to the Family Allowances (Guernsey) Law, 1950[e]; and

(f) the first two entries in Part I of the Schedule relating to the Adoption (Guernsey) Law, 1960,

are repealed.

(2) The Children and Young Persons (Amendment) (Guernsey) Law, 1985[f] is repealed.

(3) Section 11A of the Family Allowances (Guernsey) Law, 1950[g] is repealed.

(4) In the Adoption (Guernsey) Law, 1960, as amended-

(a) in section 5(3), the words "or by virtue of section twenty-six of the Child Protection (Guernsey) Law, 1972"; and

(b) section 14(4),

are repealed[h].

Citation.

3. This Law may be cited as the Children and Young Persons (Amendment) (Guernsey) Law, 2000.

[a]	Article IV of Billet d'État No. XVIII of 2000.
[b]	Ordres en Conseil Vol. XXI, p. 34; Vol. XXIII, pp. 3 and 238; Vol. XXIX, p. 124; Vol. XXXI, p. 326; No. XIX of 1991; No. XXIX of 1997.
[c]	Ordres en Conseil Vol. XXIII, p. 238.
[d]	Ordres en Conseil Vol. XIV, p. 332; Vol. XX, p. 63; Vol. XXI, p. 34, Vol. XXIII, p. 238; Vol. XXVI, pp. 150 and 292; Vol. XXVIII, p. 406; No. VI of 1999; Recueil d'Ordonnances Tome XXI, p. 460; Tome XXVI, p. 177; No. XXIV of 1999.
[e]	Ordres en Conseil Vol. XVIII, p. 192; Vol. XXI, p. 34; Vol. XXIII, p. 238; No. VIII of 1997; No. XII of 2000.
[f]	Ordres en Conseil Vol. XXIX, p. 124.
[g]	Section 11A was inserted by section 33(1) of and Part I of the Schedule to the Child Protection (Guernsey) Law, 1972.
[h]	The words in section 5(3) and section 14(4) were inserted by section 33(1) of and Part I of the Schedule to the Child Protection (Guernsey) Law, 1972.