Children and Young Persons (Scotland) Act 1937

65Definition of "in need of care or protection"

(1)For the purposes of this Act, a child or young person in need of care or protection means a person who comes within any of the descriptions hereinafter mentioned, that is to say—

(a)a child or young person who, having no parent or guardian or a parent or guardian unfit to exercise care and guardianship or not exercising proper care and guardianship, is falling into bad associations, or exposed to moral danger, or beyond control; or

(b)a child or young person—

(i)in respect of whom any of the offences mentioned in the First Schedule to this Act has been committed; or

(ii)who is a member of the same household as a child or young person in respect of whom such an offence has been committed; or

(iii)who is 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

(iv)who, being a female, is a member of the same household as a female in respect of whom an offence which constitutes the crime of incest has been committed by a member of that household,

and who, in any such case as aforesaid, requires care or protection; or

(c)a child in respect of whom an offence has been committed under section twenty-one of this Act (which relates to the punishment of vagrants preventing children from receiving education).

(2)For the purposes of this section, the fact that a child or young person is found destitute, or is found wandering without any settled place of abode and without visible means of subsistence, or is found begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale), or is found loitering for the purpose of so begging or receiving alms, shall (without prejudice to the generality of the words of paragraph (a) of the last foregoing subsection) be evidence that he is exposed to moral danger.