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Lord Fraser of Carmyllie moved Amendment No. 234:


Page 109, line 29, leave out ("of") and insert ("or").

The noble and learned Lord said: My Lords, in moving Amendment No. 234 I shall speak also to Amendment No. 236. These are simple technical amendments. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 235:


Page 111, line 24, at end insert:

5 Jul 1995 : Column 1233

("Court of Session Act 1988 (c. 36)

. In Section 5 of the Court of Session Act 1988 (power to regulate procedure etc. by act of sederunt), after paragraph (e) insert—
"(ee) to permit a person who is not an advocate or solicitor and is not represented by an advocate or solicitor to transmit, whether orally or in writing, the views of a child to the Court for the purposes of any enactment which makes provision (however expressed) for the Court to have regard to those views;".").

The noble and learned Lord said: My Lords, in speaking to Amendment No. 226 I spoke also to Amendment No. 235. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 236:


Page 115, line 23, at end insert:
("Civil Evidence (Family Mediation) (Scotland) Act 1995 (c.6)
. In section 2 of the Civil Evidence (Family Mediation) (Scotland) Act 1995 (which provides for exceptions to the general inadmissibility of evidence concerning family mediation), in paragraph (d) (ii)—
(a) for the words "Part III of the Social Work (Scotland) Act 1968" substitute "Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995"; and
(b) after the word "hearing" insert—
", before a sheriff or before a justice of the peace;
(iia) on any appeal arising from such proceedings as are mentioned in sub-paragraph (ii) above".").

On Question, amendment agreed to.

Schedule 4 [Repeals]:

Lord Fraser of Carmyllie moved Amendment No. 237:


Page 116, line 41, column 3, at beginning insert ("Section 5(2C).").

The noble and learned Lord said: My Lords, in moving Amendment No. 237 I shall speak also to Amendment No. 250. As Clause 11 in effect confers jurisdiction upon the sheriff court to make orders under that clause the existing provision for applications to the sheriff court for parental rights is unnecessary and may be repealed by these amendments. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 238 to 240:


Page 117, line 19, column 3, at end insert:

("In section 90(1), the words "(other than orders under sections 52 and 58 and Part V of this Act)".

In section 94(1), the definition of "children's panel" and of "children's hearing"; the definitions of "compulsory measures of care", "guardian" and "place of safety"; in the definition of "prescribed", paragraph (b); and the definition of "school age".") .
Page 117, line 20, column 3, leave out ("97(1)") and insert ("97, in subsection (1)").
Page 117, line 22, column 3, at end insert (", "section 58" and "part V"; and subsections (2) and (3)").

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The noble Earl said: My Lords, I spoke to Amendments Nos. 238, 239 and 240 when moving Amendment No. 223. I beg to move.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 241:


Page 117, line 40, column 3, leave out ("168(a)") and insert ("168(c)").

The noble and learned Lord said: My Lords, in moving Amendment No. 241, perhaps I may speak also to Amendment No. 243. The amendments correct references to the Criminal Procedure (Scotland) Act 1975 in Schedule 4 to the Bill. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 242:


Page 117, line 46, at end insert:

("In section 296, in subsection (3), the words from "and the child" to the end; and subsection (4).") .

The noble Earl said: My Lords, I spoke to Amendment No. 242 when moving Amendment No. 92. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 243:


Page 117, line 48, column 3, leave out ("364(a)") and insert ("364(c)").

The noble and learned Lord said: My Lords, I spoke to this amendment when moving Amendment No. 241. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 244 and 245:


Page 118, line 33, column 3, at end insert ("Section 8.").
Page 118, line 43, column 3, at end insert (" In section 28(5), the words "or of a voluntary organisation" and "or the organisation".").

The noble Earl said: My Lords, I spoke to Amendment No. 244 when moving Amendment No. 173 and I spoke to Amendment No. 245 when moving Amendment No. 180. I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendments Nos. 246 to 248:


Page 118, line 49, column 3, leave out from ("65(1),") to end of line 52.
Page 118, line 55, column 3, at end insert ("; and in the definition of "local authority", the words ", 35(1)".").
Page 119, line 6, column 3, leave out ("4,5,7") and insert ("4 to 6").

The noble Earl said: My Lords, I spoke to Amendments Nos. 246 and 247 when moving Amendment No. 185 and I spoke to Amendment No. 248 when moving Amendment No. 231. I beg to move.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 249:


Page 119, line 11, column 3, at beginning insert:

("In section 10(1) (a), sub-paragraph (i); and the word "or" immediately following that sub-paragraph.").

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The noble and learned Lord said: My Lords, this is a consequential amendment. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 250:


Page 119, line 31, column 3, at end insert ("In Schedule 1, paragraph 3.").

5 Jul 1995 : Column 1236

The noble and learned Lord said: My Lords, in speaking to Amendment No. 237 I spoke to Amendment No. 250. I beg to move.

On Question, amendment agreed to.

        House adjourned at eleven minutes past nine o'clock.


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