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The Lord Chancellor moved Amendments Nos. 46 to 55:


Page 21, line 44, leave out ("order being made") and insert ("inclusion of the exclusion requirement").
Page 22, line 11, at end insert—
("(5A) Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
(5B) Any period specified for the purposes of subsection (4) or (5A) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.").
Page 22, line 16, after ("15(5)") insert ("(9) and (9A)").
Page 22, line 22, leave out from ("authority") to end of line 23 and insert ("exercise their power to remove the child from the dwelling-house from which the relevant person is excluded to other accommodation for a period of more than 24 hours, the interim care").
Page 22, line 25, at end insert—

"Undertakings relating to interim care orders.

38B. —(1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.
(2) No power of arrest may be attached to any undertaking given under subsection (1).
(3) An undertaking given to a court under subsection (1)—

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(a) shall be enforceable as if it were an order of the court, and
(b) shall cease to have effect if, while it is in force, the local authority exercise their power to remove the child from the dwelling-house from which the relevant person is excluded to other accommodation for a period of more than 24 hours.
(4) This section has effect without prejudice to the powers of the High Court and county court apart from this section.
(5) In this section "exclusion requirement" and "relevant person" have the same meaning as in section 38A."").
Page 22, line 32, at end insert—
("(3B) Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).").
Page 23, line 8, leave out ("order being made") and insert ("inclusion of the exclusion requirement").
Page 23, leave out lines 18 to 24 and insert—
("(4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.
(5) Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
(6) Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
(7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.
(8) Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
(9) Sections 15(5), (9) and (9A) and 16 of, and Schedule 2 to, the Family Homes and Domestic Violence Act 1995 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 15(4) of that Act.
(10) If, while an emergency protection order containing an exclusion requirement is in force, the applicant exercises the power given by section 44(4)(b)(i) to remove the child to other accommodation for a period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement." ").
Page 23, line 24 at end insert—
"Undertakings relating to emergency protection orders.

44B. —(1) In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person.
(2) No power of arrest may be attached to any undertaking given under subsection (1).
(3) An undertaken given to a court under subsection (1)—
(a) shall be enforceable as if it were an order of the court, and
(b) shall cease to have effect if, while it is in force, the applicant exercises the power given by section 44(4)(b)(i) to remove the child to other accommodation for a period of more than 24 hours.
(4) The section has effect without prejudice to the powers of the High Court and county court apart from this section.
(5) In this section "exclusion requirement" and "relevant person" have the same meaning as in section 44A."").
Page 23, line 31, at end insert—

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("(8B) Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).").

The noble and learned Lord said: I spoke to Amendment No. 46 with Amendment No. 6, to Amendment No. 47 with Amendment No. 18, Amendment No. 48 with Amendment No. 26, Amendment No. 49 with Amendment No. 18, Amendment No. 50 with Amendment No. 26, Amendment No. 51 with Amendment No. 18, Amendment No. 52 with Amendment No. 6, Amendment No. 53 with Amendment No. 18, Amendment No. 54 with Amendment No. 18 and Amendment No. 55 with Amendment No. 18. With your Lordships' leave, I move the amendments to Schedule 3 en bloc.

On Question, amendments agreed to.

Schedule 3, as amended, agreed to.

Schedule 4 [Transfer of certain tenancies on divorce etc. or on separation of cohabitants]:

The Lord Chancellor moved Amendments Nos. 56 and 57:


Page 26, line 21, at end insert—
("(1A) Without prejudice to the generality of sub-paragraph (1) above, the court may, on making an order by virtue of that sub-paragraph for the payment of a sum—
(a) direct that payment of that sum or any part of it shall be deferred until a specified date or until the occurrence of a specified event, or
(b) direct that that sum or any part of it shall be paid by instalments.
(1B) Where an order has been made by virtue of sub-paragraph (1) above, the court may, on the application of the transferee or the transferor—
(a) exercise its powers under sub-paragraph (1A) above, or
(b) vary any direction previously given under that sub-paragraph,
at any time before the sum whose payment is required by the order is paid in full.").
Page 26, line 29, at end insert—
("(2A) The court shall not give any direction under sub-paragraph (1A) above unless it appears to the court that immediate payment of the sum required by the order would cause the transferee financial hardship which is greater than any financial hardship that would be caused to the transferor if the direction were given.").

The noble and learned Lord said: I spoke to these amendments with Amendment No. 18. With your Lordships' leave, I will move these en bloc.

On Question, amendments agreed to.

Schedule 4, as amended, agreed to.

Schedules 5, 6 and 7 agreed to.

The Deputy Chairman of Committees: The Question is, That this be the Title of the Bill. As many as are of that opinion will say "Content".

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Members of the Committee: Content.

The Deputy Chairman of Committees: To the contrary "Not-Content". The Contents have it.

The Question is, That I report the Bill to the House with amendments. As many as are of that opinion will say "Content".

24 Apr 1995 : Column CWH30

Members of the Committee: Content.

The Deputy Chairman of Committees: To the contrary "Not-Content". The Contents have it. That concludes the proceedings.

        The Committee adjourned at seventeen minutes past six o'clock.

24 Apr 1995 : Column CWH29


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