Previous Section Back to Table of Contents Lords Hansard Home Page


The Earl of Mar and Kellie moved Amendment No. 96:


Page 50, line 7, leave out ("keep the child in a place of safety") and insert ("find the child, remove him to a place of safety and keep him there").

The noble Earl said: My Lords, Amendments Nos. 96 and 97 would certainly be more explicit than the present wording as regards what is required when dealing with warrants. I beg to move.

Lord Fraser of Carmyllie: My Lords, I certainly recognise the purpose behind these two amendments. In prompting the noble Earl in a discreet fashion, I wanted to indicate to him that I would wish to consider the possibility of bringing forward a government amendment which would meet just his intentions but at the same time maintain a consistency with other similar provisions in the Bill. With that assurance I hope that the noble Earl will now withdraw the amendments.

The Earl of Mar and Kellie: My Lords, I am greatly reassured by what the noble and learned Lord said. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendment No. 97 not moved.]

The Earl of Lindsay moved Amendments Nos. 98 and 99:


Page 50, line 10, at end insert:
("(3A) A warrant under subsection (1) above may contain such conditions as appear to the children's hearing to be necessary or expedient, and without prejudice to that generality may—
(a) subject to section 87 of this Act require the child to submit to any medical or other examination or treatment; and
(b) regulate the contact with the child of any specified person or class of persons.").
Page 50, line 14, after ("force") insert (", whether with or without variation of any condition imposed by virtue of subsection (3A) above,").

On Question, amendments agreed to.

[Amendment No. 100 not moved.]

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

[Amendment No. 101 not moved.]

The Earl of Lindsay moved Amendments Nos. 102 and 103:


Page 50, line 16, leave out from ("hearing") to ("are") in line 19.
Page 50, line 21, leave out from ("the") to (", the") in line 22 and insert ("disposal of his case").

The noble Earl said: My Lords, I spoke to these amendments when moving Amendment No. 93. I beg to move.

On Question, amendments agreed to.

[Amendments Nos. 104 to 106 not moved.]

The Earl of Lindsay moved Amendments Nos. 107 and 108:

5 Jul 1995 : Column 1206


Page 50, line 35, leave out subsection (8).
After Clause 64, insert the following new clause:

Warrant for further detention of child

(".—(1) Where a child is being kept in a place of safety by virtue of a warrant granted under section 64 of this Act or under this subsection, the Principal Reporter at any time prior to the expiry of that warrant may apply to the sheriff for a warrant to keep the child in that place after the warrant granted under the said section 64 or, as the case may be, this subsection has expired.
(2) A warrant under subsection (1) above shall only be granted on cause shown and—
(a) shall specify the date on which it will expire; and
(b) may contain any such requirement or condition as may be contained in a warrant granted under the said section 64.
(3) Where the sheriff grants a warrant under subsection (1) above, he may also make an order under this subsection in such terms as are mentioned in subsection (5) or (6) of the said section 64; and any order under this subsection shall cease to have effect when the warrant expires.
(4) An application under subsection (1) above may be made at the same time as, or during the hearing of, an application which the Principal Reporter has been directed by a children's hearing to make under section 63(6) or (8) of this Act.").

The noble Earl said: My Lords, I spoke to these amendments when moving Amendment No. 93. I beg to move.

On Question, amendments agreed to.

Clause 65 [Application to sheriff to establish grounds of referral]:

Lord Fraser of Carmyllie moved Amendments Nos. 109 to 112:


Page 51, line 6, after ("shall") insert ("—
(a) have the right to attend the hearing of an application; and
(b)") .
Page 51, line 7, leave out ("the hearing of an application") and insert ("such hearing").
Page 51, line 12, leave out from beginning to ("is") in line 13 and insert ("Without prejudice to subsection (4) (a) above, the sheriff may dispense with the obligation imposed by subsection (4) (b) above where he").
Page 51, line 21, leave out ("attendance") and insert ("obligation to attend").

The noble and learned Lord said: My Lords, I have already spoken to Amendments Nos. 109, 110, 111 and 112 in speaking to Amendment No. 51. I beg to move.

On Question, amendments agreed to.

8.15 p.m.

The Earl of Lindsay moved Amendments Nos. 113 and 114:


Page 52, line 2, leave out ("is satisfied") and insert ("finds").
Page 52, line 15, at end insert:
("( ) An order issued under subsection (10) above may, if the sheriff is satisfied that either of the criteria mentioned in section 67(10) of this Act is fulfilled, provide that the child shall be liable to be placed and kept in secure accommodation within a residential establishment at such times as the person in charge of the establishment, with the agreement of the chief social work officer of the relevant local authority, considers necessary.").

On Question, amendments agreed to.

Clause 66 [Continuation or disposal of referral by children's hearing]:

The Earl of Lindsay moved Amendments Nos. 115 to 118:

5 Jul 1995 : Column 1207


Page 52, line 24, after ("section 65") insert ("or section 82").
Page 53, line 27, at end insert:
("(8A) A warrant under subsection (4) or (7) above may contain such conditions as appear to the children's hearing to be necessary or expedient, and without prejudice to that generality may—
(a) subject to section 87 of this Act require the child to submit to any medical or other examination or treatment;
(b) regulate the contact with the child of any specified person or class of persons.").
Page 53, line 29, after ("section") insert ("or is to attend, or reside at, any place in accordance with a requirement made under subsection (3) above").
Page 53, line 31, at end insert:
("(9A) Where a child is to reside in a residential establishment by virtue of a requirement made or warrant granted under this section, the children's hearing may, if satisfied that either of the criteria mentioned in section 67(10) of this Act is fulfilled, order that while the requirement or warrant remains in effect he shall be liable to be placed in secure accommodation within that establishment at such times as the person in charge of the establishment, with the agreement of the chief social worker of the relevant local authority, considers necessary.").

The noble Earl said: My Lords, I spoke to Amendment No. 113 when moving Amendment No. 49 and I spoke to Amendments Nos. 114 and 116 to 118 when moving Amendment No. 93. I spoke to Amendment No. 115 when moving Amendment No. 49. I beg to move.

On Question, amendments agreed to.

Clause 67 [Disposal of referral by children's hearing: supervision requirements, including residence in secure accommodation]:

The Earl of Lindsay moved Amendments Nos. 119 to 121:


Page 54, line 9, at beginning insert ("subject to section 87 of this Act,").
Page 54, line 15, after ("the") insert ("supervision").
Page 54, line 15, leave out ("named person") and insert ("person specified in the requirement under this subsection").

The noble Earl said: My Lords, I spoke to Amendments Nos. 119 to 121 when moving Amendment No. 49. I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendment No. 122:


Page 54, line 39, leave out subsection (11).

The noble Earl said: My Lords, I spoke to Amendment No. 122 when moving Amendment No. 20. I beg to move.

On Question, amendment agreed to.

Clause 68 [Duties of local authority with respect to supervision requirements]:

The Earl of Lindsay moved Amendment No. 123:


Page 54, line 41, leave out from ("shall") to end of line 42 and insert(", as respects a child subject to a supervision requirement, give effect to the requirement.").

The noble Earl said: My Lords, Amendment No. 123 makes it clear that the obligation on a local authority to give effect to a supervision requirement is as respects a child subject to that requirement. I beg to move.

On Question, amendment agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page