Previous Section Back to Table of Contents Lords Hansard Home Page


The Earl of Lindsay moved Amendment No. 206E:


Page 78, line 51, at end insert ("; and
(ii) in paragraph (b)(ii), for the words "rights and duties" substitute "responsibilities and parental rights".").

The noble Earl said: I spoke to Amendment No. 206E when moving Amendment No. 206B. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 206F:


Page 78, line 51, at end insert ("; and
(d) at the end add—
"(9) Where a court making an adoption order in relation to a child who is subject to a supervision requirement is satisfied that, in consequence of its doing so, compulsory measures of supervision in respect of the child are no longer necessary, it may determine that the child shall forthwith cease to be subject to that requirement".").

The noble Earl said: I spoke to this amendment on Amendment No. 206C. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 206G:


Page 79, line 41, leave out ("an illegitimate") and insert ("a").

The noble Earl said: This amendment deletes an

13 Jun 1995 : Column CWH149

unfortunate reference to a child as being "illegitimate". Such language has not been used in legislation for many years. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 206H to 206L:


Page 79, line 48, after ("(Scotland)") insert ("Act").
Page 80, line 5, at end insert ("; and
(d) at the end add—
"(9) Where a court making an order under this section in relation to a child who is subject to a supervision requirement is satisfied that, in consequence of its doing so, compulsory measures of supervision in respect of the child are no longer necessary, it may determine that the child shall forthwith cease to be subject to that requirement.".").
Page 81, line 45, leave out from "Reporter"") to first ("the") in line 46 and insert ("has").
Page 84, line 29, at end insert:
("( ) after the definition of "child" insert—
""compulsory measures of supervision" has the same meaning as in Part II of the Children (Scotland) Act 1995;";").

The noble Earl said: I spoke to these amendments either when moving Amendment No. 206B or No. 206E. I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendments Nos. 206M to 206P:


Page 84, line 31, leave out ("and").
Page 84, line 42, leave out ("and").
Page 84, line 46, at end insert ("; and
(e) after the definition of "specified order" insert—
""supervision requirement" has the same meaning as in Part II of the Children (Scotland) Act 1995;".").

On Question, amendments agreed to.

Schedule 2, as amended, agreed to.

Schedule 3 [Minor and Consequential Amendments]:

The Earl of Lindsay moved Amendment No. 207:


Page 90, line 23, at end insert (", the Children (Scotland) Act 1995 or any other enactment").

The noble Earl said: Amendment No. 207 and those grouped with it are essentially consequential and technical amendments. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 208:


Page 92, line 23, at end insert:

("Local Government (Scotland) Act 1973 (c.65)

.—1(1) The Local Government (Scotland) Act 1973 shall be amended in accordance with this paragraph.
(2) In section 56(9) (enactments exempted from repeal by virtue of that section), for paragraph (d) substitute—
"(d) paragraphs 3 and 8 of Schedule 1 to the Children (Scotland) Act 1995 (Children's Panel Advisory Committees and joint advisory committees);".
(3) In Schedule 25, paragraph 41 shall cease to have effect.
(4) In Schedule 27, paragraphs 185 and 187 shall cease to have effect.").

The noble Earl said: I beg to move Amendment No. 208, which I spoke to when I moved Amendment No. 207. I would just add, for clarification, that when I

13 Jun 1995 : Column CWH150

moved Amendment No. 207 I spoke not only to Amendment No. 208, but also to Amendments Nos. 217, 218, 219 and 222. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 209:


Page 92, line 41, at end insert:
("() In section 23 (which, as amended by the Criminal Justice (Scotland) Act 1995, provides for remand of persons under twenty one in secure accommodation)—
(a) in sub-paragraph (i) of paragraph (a) of subsection (1), for the words "the Social Work (Scotland) Act 1968" substitute "Part II of the Children (Scotland) Act 1995"; and
(b) in paragraph (a) of subsection (4), for the words "the Social Work (Scotland) Act 1968" substitute "Part II of the Children (Scotland) Act 1995".").

The noble Earl said: In speaking to Amendment No. 209, I am also speaking to Amendments Nos. 210 to 216 and to Amendments Nos. 220 and 221. These are all technical or consequential amendments. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 210 to 218C:


Page 92, line 46, after ("2(4)") insert ("respectively").
Page 93, line 10, leave out ("paragraph (a)") and insert ("paragraph (c)").
Page 93, line 19, leave out ("the").
Page 93, line 44, after ("2(4)") insert ("respectively").
Page 94, line 6, at end insert:
("( ) In Section 329 (which, as amended by the Criminal Justice (Scotland) Act 1995, provides for remand of persons under twenty one in secure accommodation)—
(a) in sub-paragraph (i) of paragraph (a) of subsection (1), for the words "the Social Work (Scotland) Act 1968" substitute "Part II of the Children (Scotland) Act 1995"; and
(b) in paragraph (a) of subsection (4), for the words "the Social Work (Scotland) Act 1968" substitute "Part II of the Children (Scotland) Act 1995".").
Page 94, line 9, leave out ("paragraph (a)") and insert ("paragraph (c)").
Page 94, line 17, leave out ("the").
Page 95, line 30, at end insert:

("Local Government (Scotland) Act 1975 (c. 30)

.In section 23(2) of the Local Government (Scotland) Act 1975 (bodies subject to investigation by Commissioner for Local Administration in Scotland), for paragraph (d) substitute—
"(d) any Children's Panel Advisory Committee formed under paragraph 3, or joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995;".").
Page 98, line 50, at end insert:
("(5A) In section 13 (which makes provision as to the effect of a refusal to allow a visit to a foster child or to allow premises to be inspected), for the words from "sections" to the end substitute "section 51 of the Children (Scotland) Act 1995 (child assessment orders) as giving the local authority reasonable cause for the suspicion mentioned in subsection (1)(a) of the section.".").
Page 100, leave out lines 43 to 47.
Page 100, line 48, after ("(interpretation)") insert("—
(a) in the definition of "legal aid", for the words "Part III of the Social Work (Scotland) Act 1968" substitute "Chapter 2 or Chapter 3 of Part II of the Children (Scotland) Act 1995"; and

13 Jun 1995 : Column CWH151

(b)").
Page 101, leave out lines 1 to 8 and insert ("(b) includes a person under the age of sixteen years.".").

On Question, amendments agreed to.

The Earl of Lindsay moved Amendment No. 219:


Page 102, line 35, at end insert:

("Local Government and Housing Act 1989 (c.42)

.—(1) The Local Government and Housing Act 1989 shall be amended in accordance with this paragraph.
(2) In section 14(5) (restriction of effect of provisions of that section in relation to certain committees), for paragraph (d) substitute—
"(d) a Children's Panel Advisory Committee formed under paragraph 3, or a joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995;".").

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 220 and 221:


Page 104, line 25, at end insert:
("( ) In paragraph (f) of section 17(4) (persons to whom notice of an application for an assessment order must be given)—
(a) after the word "order" insert "—
(i)"; and
(b) at the end insert "; or
(ii) under section 81 of the Children (Scotland) Act 1995".
() In paragraph (f) of section 18(7) (persons who may apply for variation etc. of assessment order)—
(a) after the word "order" insert "—
(i)"; and
(b) at the end insert "; or
(ii) under section 81 of the Children (Scotland) Act 1995".").
Page 104, line 42, at end insert:

("Tribunals and Inquiries Act 1992 (c.53)

. In paragraph 61 in column 2 of Schedule 1 to the Tribunals and Inquiries Act 1992 (which specifies certain tribunals in relation to social work in Scotland)—
(a) in sub-paragraph (a), for the words "Social Work (Scotland) Act 1968 (c.49)" substitute "Children (Scotland) Act 1995 (c.00)"; and
(b) in sub-paragraph (b), for the words "that Act" substitute "the Social Work (Scotland) Act 1968 (c.49)".").

On Question, amendments agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page