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Lord Fraser of Carmyllie moved Amendments Nos. 82 to 84:


Page 44, line 25, leave out (; or") and insert ("a child protection order;").
Page 44, line 26, at end insert ("such an order; or
(c) subject to any term or condition contained in such an order or a direction given under section 57 of this Act").
Page 44, line 27, leave out ("a child protection order").

On Question, amendments agreed to.

[Amendment No. 85 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 86:


Page 44, line 32, after ("satisfied") insert ("or that the term, condition or direction is no longer appropriate").

The noble and learned Lord said: My Lords, I spoke to the above amendment when moving Amendment No. 81. I beg to move.

On Question, amendment agreed to.

[Amendment No. 87 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 88:


Page 45, line 3, after ("below;") insert:
("( ) on the person who implemented the order receiving notice from the Principal Reporter that he has decided not to refer the case of a child who is subject to the order to a children's hearing arranged in accordance with section 63(2) of this Act;
( ) on the Principal Reporter giving notice in accordance with subsection (3) above in relation to the order that he considers that the conditions for the making of it are no longer satisfied;").

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 89 and 90:


Page 45, line 15, leave out from ("rules") to ("; or").
Page 45, line 38, leave out subsection (11).

On Question, amendments agreed to.

Clause 60 [Emergency protection of children where child protection order not available]:

The Earl of Mar and Kellie moved Amendment No. 91:


Page 47, line 30, at end insert:
("(9) Subsection (10) below shall apply in relation to a local authority area for which no district court has been established under

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the District Courts (Scotland) Act 1975 or in which such a court has ceased to exist.
(10) In relation to an area to which this subsection applies the Secretary of State may, if he is satisfied that—
(a) there is no sheriff habitually resident in that area, or there is a likelihood that the sheriff who is so resident will be frequently absent from the area; and
(b) there is a possibility of delays in travelling to the area by sea or air by scheduled services,
by order provide that this section shall take effect subject to the following variations—
(i) an authorisation under subsection (1) and (2) may be granted only by an honorary sheriff serving in that area;
(ii) an authorisation shall lapse under subsection (4) (b) (i) when seventy-two hours have expired since it was given; and
(iii) the Scottish Courts Administration shall provide such training as the Secretary of State thinks fit for honorary sheriffs serving in that area.").

The noble Earl said: My Lords, the tabling of the above amendment stems from concern about the operation of applications for child protection orders in remote areas. The amendment was given some consideration in another place but was not conclusively discussed. The circumstance with which the amendment deals is the fact that there is no district court in the island councils' areas. Justices of the peace in the area have no experience of sitting on the Bench.

It would seem to be better if an honorary sheriff received training to deal with child protection order applications. That would be operable in the event of a sheriff not being available. By way of example, perhaps I should point out that the sheriff for Orkney and Shetland lives in Shetland, but bad flying conditions could easily prevent him reaching the islands in a reasonably short time. I beg to move.

The Earl of Lindsay: My Lords, the amendment would introduce special procedures to be followed in emergency protection cases where there is no district court in the area. I can quickly reassure the noble Earl that honorary sheriffs are already empowered to grant child protection orders. With that assurance, I hope that the noble Earl will be prepared to withdraw his amendment.

The Earl of Mar and Kellie: My Lords, I am certainly reassured. Therefore, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

The Earl of Lindsay moved Amendment No. 92:


After Clause 61, insert the following new clause:

("Children arrested by the police
Review of case of child arrested by police

.—(1) Where the Principal Reporter has been informed by a constable, in accordance with section 296(3) of the Criminal Procedure (Scotland) Act 1975, that charges are not to be proceeded with against a child who has been detained in a place of safety in accordance with that section, the Principal Reporter shall, unless he considers that compulsory measures of supervision are not required in relation to the child, arrange a children's hearing to which he shall refer the case.
(2) A children's hearing arranged under subsection (1) above shall begin not later than the third day after the Principal Reporter received the information mentioned in that subsection.
(3) Where the Principal Reporter considers that a child of whose detention he has been informed does not require compulsory

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measures of supervision, he shall direct that the child shall no longer be kept in the place of safety.
(4) Subject to subsection (3) above, a child who has been detained in a place of safety may continue to be kept at that place until the commencement of a children's hearing arranged under subsection (1) above.
(5) Subject to subsection (6) below, a children's hearing arranged under subsection (1) above may—
(a) if they are satisfied that the conditions mentioned in subsection (2) of section 64 of this Act are satisfied, grant a warrant to keep the child in a place of safety; and
(b) direct the Principal Reporter to arrange a children's hearing for the purposes of section 63(1) of this Act,
and subsections (3) to (8) of the said section 63 shall apply to a warrant granted under this subsection as they apply to a warrant granted under subsection (1) of the said section 64.
(6) A child shall not be kept in a place of safety in accordance with a warrant granted under subsection (5) above where the Principal Reporter, having regard to the welfare of the child, considers that, whether as a result of a change in the circumstances of the case or of further information relating to the case having been received by the Principal Reporter—
(a) the conditions mentioned in section 64(2) of this Act are no longer satisfied in relation to the child; or
(b) the child is not in need of compulsory measures of supervision,
and where he does so consider he shall give notice to that effect to the person who is keeping the child in that place in accordance with the warrant.").

The noble Earl said: My Lords, in moving the above amendment, I should like to speak also to Amendments Nos. 228, 229 and 242. Under the Social Work (Scotland) Act 1968, where a child has been detained in accordance with Section 296(3) of the Criminal Procedure (Scotland) Act 1975, the reporter is obliged to bring the child's case before a children's hearing on the first lawful day. The amendments reintroduce a similar worthwhile provision in the Bill and, therefore, ensure that children who have been arrested do not remain longer than is necessary in a place of safety.

I should also add that it may be appropriate to make further minor changes on Third Reading in relation to children who on being referred to a children's hearing—whether or not after arrest—are already subject to a supervision requirement. I beg to move.

On Question, amendment agreed to.

Clause 64 [Warrant to keep child where children's hearing unable to dispose of case]:

The Earl of Lindsay moved Amendment No. 93:


Page 49, line 36, at beginning insert ("Without prejudice to any other power enjoyed by them under this Part of this Act and").

The noble Earl said: My Lords, I have great sympathy with Amendments Nos. 100 and 101 which are tabled in the name of the noble Lord, Lord Macaulay of Bragar, and which relate to this group of amendments, headed by Amendment No. 93 on the groupings list. However, the government amendments introduce a number of small but important improvements to the provisions which apply to children being kept in places of safety. Therefore, I believe that the government amendments essentially secure the same purposes as those which the noble Lord is seeking to achieve. In the circumstances, I hope that the noble Lord will not move his amendments. I beg to move.

On Question, amendment agreed to.

5 Jul 1995 : Column 1205

The Earl of Lindsay moved Amendment No. 94:


Page 49, line 37, leave out from ("under") to end of line 39 and insert ("this Part").

On Question, amendment agreed to.

[Amendment No. 95 not moved.]


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