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'In section 192, the words from "(other than" to "Act)" and the proviso. In section 196(1), the proviso. Section 225. Section 226. Section 227. In section 235, the words from "but in regard" to the end. Section 236C. Section 237.'.

215Page 142, line 26, column 3, at end insert:

'In section 239, in subsection (1), the words from "and" in the second place where it occurs to the end; and subsection (2).In section 240, the words from "except" where it first occurs to the end.Section 246.'.


216Page 142, line 27, column 3, at end insert:
'Section 259.Section 265(3) and (5).'. .
217Page 142, line 40, column 3, at end insert:
'Section 272.Section 273.Section 276.In section 277, in subsection (2), the words "section 236C", "section 237", "section 246", "section 259", "section 272" and "section 273".Section 282.Section 289D(1A) (d).In section 296, in subsections (1) and (2), the words "sitting summarily" in each place where they occur.In section 300(4), the words from ", or where" to "96 hours,".'. .
218Page 142, column 3, leave out line 41 and insert:
'In section 309(1), the words "Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in".In section 310, the words "Part I of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in".In section 311, in subsection (1), the words from "in" where it first occurs to the end; and subsections (4) and (5).Section 313.In section 314(1) (d), the words "or interim order".In section 315(2), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in".In section 318(2), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 and the corresponding forms contained in".'. .
219Page 142, line 43, column 3, at end insert:
'In section 321, in subsection (1), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in"; and in subsection (3), the words "either by way of trial or by way of remit to another court".Section 323(3).'. .
220Page 142, line 46, column 3, at end insert:
'Section 336.'. .
221Page 142, line 49, column 3, at end insert:
'In section 344(1), the words "or to produce documents in his possession when required by the court,".Section 345.'. .
222Page 142, line 52, column 3, at end insert:
'In section 357, in subsection (1) (a), the words "Form No. 2 or 3 of Part III of Schedule 2

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to the Summary Jurisdiction (Scotland) Act 1954 or of"; and subsection (4).Section 360.'. .
223Page 142, leave out line 53 and insert:
'In section 360A, in subsection (1) (b), the words from "as" to the end; and subsection (2).Section 366(2).'. .
224Page 143, line 9, leave out from 'occurs,' to '; in' in line 11.
225Page 143, line 28, column 3, at end insert:
'In section 393, the words from "(other than" to "Act)" and the proviso.In section 396(7), the words ", subject to any rules under this Part of this Act".In section 402, the proviso.In section 406, the words "damages or expenses,".In section 413(1), the words from "and shall" to the end.In section 430(1), the words "Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in".'. .
226Page 143, line 31, column 3, at end insert:
'Section 435.In section 440, the words "Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in".In section 441, the words from ", although" to "place,".'. .
227Page 143, line 33, column 3, at end insert:
'In section 454(1), the words "at the trial by the solicitor of the accused".Section 457.In section 462, in the definition of "prosecutor", the words "private prosecutor," in the second place where they occur; and subsection (10).'. .
228Page 143, line 34, at end insert:
'1976 c.67. The Sexual Offences (Scotland) Act 1976. In section 4(1), in the proviso, the words "on indictment".'. .
229Page 143, line 44, column 3, at end insert:
'In Schedule 4, paragraph 20.'. .
230Page 143, line 44, at end insert:
'1984 c.36. The Mental Health (Scotland) Act 1984. In section 67(1), paragraph (a) (ii) and the preceding "or", and the words from "or the order" to the end.'. .
231Page 144, line 14, column 3, at end insert '(26) and (28)'.
232Page 144, line 37, column 3, leave out 'paragraph (b) and,'.
233Page 145, line 23, column 3, at end insert:
'In section 41(2), the words from the end of paragraph (b) to the end of the subsection.'. .

Lord Fraser of Carmyllie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 84 to 233 en bloc.

Moved, that the House do agree with the Commons in their Amendments Nos. 84 to 233.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.

Children (Scotland) Bill

7.59 p.m.

Consideration of amendments on Report resumed.

Clause 56 [Child protection orders]:

The Earl of Mar and Kellie moved Amendment No. 75:


Page 41, line 20, at end insert:
(" ( ) is engaged in conduct which has caused or is likely to cause significant harm to himself; or").

5 Jul 1995 : Column 1201

The noble Earl said: My Lords, the amendment hopes to extend child protection orders to include children who seem to be engaging in self harm. At present a child protection order is available for a child being harmed or likely to be harmed by someone else. However, I am concerned that there is no protective provision for a child who is harming himself or who is likely to do so. For example, he might be acting suicidally, glue sniffing to excess, taking drugs or persistently playing "chicken" on roads or railway lines. I hope that the Minister can assure me that such a child situation has been considered. I beg to move.

The Earl of Lindsay: My Lords, I recognise the intention behind the noble Earl's amendment and sympathise with it. However, I would suggest to the noble Earl that it is not necessary. The ground set out in Clause 56(1) (a) (ii) provides for a child protection order to be granted where there are reasonable grounds to believe that the child will suffer significant harm if he is not removed to and kept in a place of safety. The harm in such circumstances need not be inflicted by another party; it may be self-harm. With that assurance, I hope the noble Earl will feel able to withdraw his amendment.

The Earl of Mar and Kellie: My Lords, I am extremely grateful to the Minister for his response. I am reassured and, therefore, beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

The Earl of Lindsay moved Amendment No. 76:


Page 41, line 43, leave out ("regulations made under section 61") and insert ("rules made by virtue of section 88").

The noble Earl said: My Lords, the amendment allows rules of court rather than the Secretary of State to impose additional requirements on matters to be covered in applications for a child protection order. Such an arrangement is far more appropriate. I beg to move.

On Question, amendment agreed to.

[Amendment No. 77 not moved.]

The Earl of Lindsay moved Amendment No. 78:


Page 42, line 21, leave out subsection (6).

The noble Earl said: My Lords, I spoke to the above amendment when moving Amendment No. 74. I beg to move.

On Question, amendment agreed to.

Clause 58 [Initial hearing of case of child subject to child protection order]:

[Amendments Nos. 79 and 80 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 81:


Page 44, line 4, after ("order") insert ("and any direction given under section 57 of this Act (whether with or without variation of the order or, as the case may be, the direction)").

The noble and learned Lord said: My Lords, in moving the above amendment I should like to speak also to Amendments Nos. 82, 83, 84, 86 and 88. The amendments make three worthwhile changes to the child protection provisions set out in the Bill. They empower

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a children's hearing to vary or continue conditions attached to a child protection order when the child's case comes before it on the second working day.

Secondly, where a child has been detained in a place of safety under a child protection order but the principal reporter decides that it is not appropriate in the circumstances to bring grounds for referral before the eighth working day hearing, there is no provision for the child protection order to cease to have effect before that hearing. It would clearly not be in the child's interests for him to be kept away from home where no further action was to be taken on his case. I beg to move.

On Question, amendment agreed to.

Clause 59 [Duration, recall or variation of child protection order]:


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