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The Earl of Lindsay moved Amendments Nos. 197 to 199:


Page 95, line 44, after ("(interpretation)") insert:
("—
(a) the first paragraph shall cease to have effect; and
(b)") .
Page 96, line 1, after ("(interpretation)") insert:
("—(a)").
Page 96, line 6, at end insert:
("(b) for the definition of "Place of Safety", substitute ""place of safety" has the meaning given by section 90(1) of the Children (Scotland) Act 1995;";
(c) for the definition of "Residential establishment" substitute ""residential establishment" has the meaning given by the said section 90(1);".").

The noble Earl said: My Lords, these amendments are interrelated. They make necessary amendments to the definitions in the Children and Young Persons (Scotland) Act 1937 as a result of the changes introduced by the Bill. I should mention that, although we have a considerable number of consequential amendments to consider today, I anticipate that I may have to bring further purely consequential amendments forward at Third Reading. It may be that these will not all be confined to Schedule 3 but may be for insertion in the main text of the Bill. This will be because some sections of Acts which require consequential amendments may be beneficially moved into the Bill itself. I beg to move Amendments Nos. 197 to 199 en bloc.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendment No. 200:


Page 98, line 5, leave out ("Parts II and III") and insert ("Part II").

The noble Earl said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 202 to 204 and 207 to 213. They simply delete unnecessary references to Part III of the Bill. Many of these are consequential drafting changes to the Bill. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 201:


Page 98, line 7, leave out ("section 3") and insert ("section 4").

The noble and learned Lord said: My Lords, this amendment simply corrects a reference to Section 3 of the Social Work (Scotland) Act 1968 which should have been to Section 4. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 202 to 204:


Page 98, line 8, leave out ("or III").
Page 98, line 12, leave out ("Parts II and III") and insert ("Part II").

5 Jul 1995 : Column 1226


Page 98, line 18, leave out ("Parts II and III") and insert ("Part II").

The noble Earl said: My Lords, I spoke to these amendments when moving Amendment No. 200. I beg to move them en bloc.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendments Nos. 205 and 206:


Page 98, line 18, leave out second ("and").
Page 98, line 20, at end insert ("; and
( ) for subsection (3) substitute—
"(3) Without prejudice to the generality of subsection (2) above, regulations under this section may make such provision as is mentioned in subsection (4) of this section as regards—
(a) the boarding out of persons other than children by local authorities and voluntary organisations, whether under any enactment or otherwise; and
(b) the placing of children under paragraph (a), or the making of arrangements in respect of children under paragraph (c), of section 25(1) of the Children (Scotland) Act 1995, by local authorities.
(4) The provision referred to in subsection (3) of this section is—
(a) for the recording—
(i) by local authorities and voluntary organisations, of information relating to those with whom persons are so boarded out, or who are willing to have persons so boarded out with them; and
(ii) by local authorities, of information relating to those with whom children are so placed or with whom such arrangements are made or who are willing to have children so placed with them or to enter into such arrangements;
(b) for securing that—
(i) persons are not so boarded out in any household unless it is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations; and
(ii) children are not so placed or, in accordance with such arrangements, provided with accommodation, in any household unless it is for the time being approved by the local authority placing the child or as the case may be making the arrangements;
(c) for securing that, where possible, the person with whom a child is so placed or with whom such arrangements are made is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that persuasion;
(d) for securing—
(i) that a person who is, and the place in which he is, so boarded out by a local authority or voluntary organisation is supervised and inspected by that authority or organisation; and
(ii) that a child who is, and the place in which he is, so placed or, in accordance with such arrangements, provided with accommodation, by a local authority is supervised and inspected by that authority,
and that he shall be removed from the place in question if his welfare appears to require it.
(5) In subsections (3) and (4) of this section, "child" has the same meaning as in Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995.").

The noble Earl said: My Lords, Amendment No. 206 appears to be a lengthy amendment. However, it is simply a consequential amendment arising from the fact

5 Jul 1995 : Column 1227

that we have taken children's services out of the 1968 Act and put them into the Bill. On that basis, I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendments Nos. 207 to 213:


Page 98, line 28, leave out ("6(1)") and insert ("6").
Page 98, line 30, at beginning insert ("in subsection (1)—
(i)") .
Page 98, line 30, leave out ("or III").
Page 98, line 31, leave out from ("1995";") to ("in") in line 32 and insert ("(ii)").
Page 98, line 32, at end insert:
("(iii) in paragraph (c), after the word "person" insert ", other than a child,"; and
(iv) after paragraph (c) add—
"(cc) any place where a child is for the time being accommodated under paragraph (a) of, or by virtue of paragraph (c) of, section 25(1) of the Children (Scotland) Act 1995."; and
(b) in subsection (2), after the words "1984" insert "or Part II of the Children (Scotland) Act 1995".").
Page 99, line 2, leave out ("or III").
Page 99, line 8, leave out ("or III").

The noble Earl said: My Lords, I spoke to these amendments when moving Amendment No. 200. I beg to move them en bloc.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendments Nos. 214 to 220:


Page 99, line 15, at end insert:
("( ) In section 28 (burial or cremation)—
(a) in subsection (1), after the word "from," insert "or was a child being looked after by,"; and
(b) after subsection (2) add—
"(3) In subsection (1) of this section, the reference to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.".").
Page 99, line 15, at end insert:
("( ) In section 29 (power of local authority to defray expenses of parents etc. visiting persons accommodated by a local authority or attending certain funerals)—
(a) in subsection (1)
—(i) for the words from "a person" to "respect" substitute—
"—
(a) a person, other than a child, in the care of the authority or receiving assistance from the authority; or
(b) a child who is being looked after by the authority,
in respect";
(ii) after the words "visiting the person" insert "or child"; and
(iii) for the words "the person", where they occur for the second time, substitute "him".
(b) in subsection (2), for the words from "a person" to "for" substitute—
"—
(a) a person, other than a child, who had been in the care of the authority or receiving assistance from the authority; or

5 Jul 1995 : Column 1228


(b) a child who had been looked after by the authority,
for"; and
(c) after subsection (2), add—
"(3) In subsections (1) and (2) above, references to a child looked after by a local authority shall be construed as is mentioned in subsection (3) of section 28 of this Act.".").
Page 99, line 19, at end insert:
("( ) In section 68 (visiting of persons in establishments)—
(a) in subsection (2), for the words "in the care or under the supervision of the authority under Part II or Part III of this Act" substitute "being looked after by the authority"; and
(b) after subsection (3) add—
"(4) In subsection (2) of this section, the reference to children being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.".").
Page 99, line 21, after ("etc.)") insert:
("—
(a) in subsection (1)—
(i) for the words "has been received into care under Part II of this Act" substitute "is being looked after by a local authority"; and
(ii) in paragraph (a), for the words "his father and mother" substitute "any natural person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him"; and
(b)") .
Page 99, leave out lines 22 to 28 and insert:
(""(2) This Part of this Act applies to any supervision requirement which, under paragraph (a) of section 67(3) of the Children (Scotland) Act 1995, requires the child concerned to reside in a place or places other than his own home.".").
Page 99, line 30, leave out from ("words") to end of line 31 and insert:
(""in their care or under their supervision" substitute "looked after by them".").
Page 99, line 31, at end insert:
("( ) In section 79 (recipients of contributions)—
(a) in subsection (1), for the words "in the care or under the supervision of" substitute "looked after by"; and
(b) in subsection (2), for the words "having the care or supervision of" substitute "looking after".
( ) In section 80 (enforcement of duty to make contributions)—
(a) in subsection (1), for the words from "received" to "requirement" substitute "looked after by a local authority";
(b) in subsection (4), for paragraphs (a) and (b) substitute "throughout the period during which he is looked after by a local authority";
(c) in subsection (5), for the words "is the maintainable child's father or mother" substitute ", being a natural person, has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the maintainable child"; and
(d) in subsection (7), for the words "having the care or supervision of" substitute "looking after".
( ) In section 82(1) (recovery of arrears of contributions), for the words "having the care or supervision of" substitute "looking after".
( ) In section 83(2) (variation of trusts where person in whose care a child has been residing is for the time being residing in England, Wales or Northern Ireland), for the words "having the care or supervision of" substitute "looking after".
( ) After section 83 insert—
"References in this Part of this Act to child being looked after.

83A. In this Part of this Act, references to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.".

5 Jul 1995 : Column 1229


( ) In section 86 (adjustments between local authorities as regards certain expenditure)—
(a) in subsection (1)—
(i) in paragraph (a), after the word "Act" insert ", or under section 24 of the Children (Scotland) Act 1995,"; and
(ii) in paragraph (b), for the words from "of services" to "Act", where it occurs for the second time, substitute ", or under or by virtue of Part II of the said Act of 1995, of services and facilities for a person ordinarily so resident (including, in the case of a child, any expenses incurred after he has ceased to be a child, and, in the event of another local authority taking over, under section 24(4) of that Act, the provision of accommodation for him,"; and
(b) in subsection (3), after the words "1989" insert "or provided with accommodation under paragraph (a) of, or by virtue of paragraph (c) of, section 25(1) of the Children (Scotland) Act 1995".
( ) In section 87 (charges which may be made for services and accommodation), in each of subsections (1) and (1A), after the words "1984" there shall be inserted "or under or by virtue of Part II of the Children (Scotland) Act 1995".
( ) Section 88 (duty of parents to notify change of address) shall cease to have effect.
( ) In section 90(1) (power to make regulations, orders or rules), the words ("(other than orders under section 52 and 58 and Part V of this Act)") shall cease to have effect.").

The noble Earl said: My Lords, the main thread running through this group of amendments is the change in terminology that we require to make in the 1968 Act to reflect the fact that under the Bill children will no longer be taken into the care of a local authority but will be looked after by the local authority. I beg to move the amendments en bloc.

On Question, amendments agreed to.

9 p.m.

The Earl of Lindsay moved Amendment No. 221:


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