Previous Section Back to Table of Contents Lords Hansard Home Page


The Earl of Lindsay: My Lords, there may have been some misunderstanding of this part of the Bill. The provision in the Bill is not about representation of the child: that is a separate matter. I stress that the child can be represented by a solicitor or advocate, as the noble Lord knows.

We have every sympathy with the noble Lord's intentions. During Report stage my noble and learned friend the Lord Advocate stressed the importance of providing suitable machinery for taking the views of the child into account in relevant proceedings. However, he stressed that the procedures for ascertaining a child's views were more properly and effectively a matter of court procedure and practice. It is accordingly appropriate that those procedures be prescribed not by primary legislation but by rules of court.

The amendments seek to prescribe to a substantial extent the matters which may be contained in the relevant rules. That is excessively constricting. The rules councils, with their expertise in matters relating to children and family law generally, are undoubtedly best placed not only to identify the most appropriate means of taking and transmitting the views of a child to the sheriff but also to assess the extent, if any, to which such matters as are contained in the amendment require to be prescribed. We understand what the noble Lord seeks to achieve but we are convinced that it is better achieved through the rules of court.

Lord Macaulay of Bragar: My Lords, I am grateful to the Minister for that explanation. I hope that I can take an implied indication that, when the rules of court are being structured, at least the spirit of the two amendments will be taken into account on behalf of the children. On that basis, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

The Earl of Lindsay moved Amendment No. 42:


Page 110, line 38, at end insert:

("Land Compensation (Scotland) Act 1973 (c.56)

.—(1) The Land Compensation (Scotland) Act 1973 shall be amended in accordance with this paragraph.

12 Jul 1995 : Column 1817


(2) In section 35(3) (disturbance payments where modification of dwelling required for disabled person), in paragraph (a), after "1968" insert "or section 22 of the Children (Scotland) Act 1995".
(3) In section 80(1) (interpretation), in the definition of "disabled person"—
(a) after "means" insert "—
(a)"; and
(b) after "1972" insert "; and
(b) a child in need within the meaning of section 92(4) (a) (iii) of the Children (Scotland) Act 1995".").

The noble Earl said: My Lords, this amendment will amend the Land Compensation (Scotland) Act 1973 so that it takes account of the new definition of a disabled child provided for in the Bill for purposes of disturbance payments where modifications of the dwelling are required for disabled persons. The amendment will mean that a disabled adult and a disabled child are defined separately, the latter by reference to the definition in the Bill. The second part of the amendment adds to the interpretation of the 1973 Act in consequence of the first part of the amendment. I commend these necessary changes to your Lordships and beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 43:


Page 111, line 2, leave out from beginning to ("for") in line 4 and insert:
(".—(1) The Rehabilitation of Offenders Act 1974 shall be amended in accordance with this paragraph.
(2) In section 3 (special provision with respect to certain disposals by children's hearings)—
(a) for the words "Social Work (Scotland) Act 1968 is that mentioned in section 32(2) (g)" substitute "Children (Scotland) Act 1995 is that mentioned in section 51(2) (i)"; and
(b) for the words "to the satisfaction of the sheriff under section 42 of that Act, the acceptance or establishment" substitute "(or deemed established) to the satisfaction of the sheriff under section 67 or 84 of that Act, the acceptance, establishment (or deemed establishment)".
(3) In section 5 (rehabilitation periods for particular sentences)—
(a) in subsection (3) (b), for the words "43(2) of the Social Work (Scotland) Act 1968" substitute "68(1) (b) and (12) of the Children (Scotland) Act 1995";
(b) in subsection (5) (f), for the words "Social Work (Scotland) Act 1968" substitute "Children (Scotland) Act 1995";
(c) in subsection (10), for the words "Social Work (Scotland) Act 1968" substitute "Children (Scotland) Act 1995"; and
(d) subsection (10A) shall cease to have effect.
(4) In section 7(2) (limitations on rehabilitation)—
(a)") .

The noble Earl said: My Lords, with Amendment No. 43, I wish to speak also to Amendments Nos. 47, 48, 57, 61, 63, 68, 69 and 70. This group of amendments introduces consequential amendments in the list of enactments set out in Schedule 4 to the Bill. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 44 to 48:


Page 115, leave out lines 7 to 29 and insert:
("(6) Section 53 (custody order on application for adoption in Scotland) shall cease to have effect.").
Page 116, line 2, leave out ("In section 135(1) of the Education (Scotland) Act 1980 (interpretation),") and insert:

12 Jul 1995 : Column 1818


(".—(1) The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph.
(2) In section 36(3) (referral to reporter of case of irregular school attendance), for the words from "may" to the end substitute ", where no requirement arises under section 52(1) of the Children (Scotland) Act 1995 to give information about the child to the Principal Reporter, may under this subsection provide the Principal Reporter with such information.".
(3) In section 44—
(a) subsection (1) (referral by court to Principal Reporter of case involving offence against section 35) shall cease to have effect; and
(b) in subsection (2) (powers of court where no referral to Principal Reporter), for the words "subsection (1) above, make a direction" substitute "section 53(1) of the Children (Scotland) Act 1995, refer the matter to the Principal Reporter".
(4) In section 65B(6) (sending of report in relation to recorded child)—
(a) paragraph (a) shall cease to have effect; and
(b) at the end add—
"and the local authority as education authority shall also ensure that the local authority for the purposes of Part II of the Children (Scotland) Act 1995 receive such a copy.".
(5) In section 135(1) (interpretation)—
(a)") .
Page 116, line 5, at end insert:
("(b) the definition of "reporter of the appropriate local authority" shall cease to have effect;
(c) for the definition of "residential establishment substitute—
""residential establishment" has the meaning given by paragraph (a) of the definition of that expression in section 92(1) of the Children (Scotland) Act 1995;"; and
(d) for the definition of "supervision requirement" substitute—
""supervision requirement" has the meaning given by section 69(1) of the said Act of 1995;".").
Page 118, line 36, at end insert:
("( ) In section 9 (suspension of court's powers in cases of wrongful removal), for paragraph (d) substitute—
"(d) making, varying or discharging an order under section 85 of the Children (Scotland) Act 1995;".
( ) In section 20 (further provision as regards suspension of court's powers)—
(a) for paragraph (d) substitute—
"(d) in the case of proceedings for, or for the variation or discharge of, a parental responsibilities order under section 85 of the Children (Scotland) Act 1995, make, vary or discharge any such order;"; and
(b) in subsection (5), for the words "within the meaning of Part III of the Social Work (Scotland) Act 1968" substitute "(as defined in section 92(1) of the Children (Scotland) Act 1995)".
( ) In section 25 (termination of existing custody orders etc.), subsection (6) shall cease to have effect.").
Page 118, leave out lines 39 to 43 and insert:
("(3) In Schedule 3 (custody orders)—
(a) in paragraph 5—
(i) for the words "custody, care or control of a child or" substitute "residence, custody, care or control of a child or contact with, or";
(ii) in sub-paragraph (iii), for the words "tutory or curatory" substitute "guardianship";
(iii) in sub-paragraph (iv), for the words "16(8), 16A(3) or 18(3) of the Social Work (Scotland) Act 1968" substitute "85 of the Children (Scotland) Act 1995"; and

12 Jul 1995 : Column 1819


(iv) for sub-paragraph (v), substitute—
"(v) an order made, or warrant or authorisation granted, under or by virtue of Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995 to remove the child to a place of safety or to secure accommodation, to keep him at such a place or in such accommodation, or to prevent his removal from a place where he is being accommodated (or an order varying or discharging any order, warrant or authorisation so made or granted);";
(b) for paragraph 6 substitute—
"(6) A supervision requirement made by a children's hearing under section 69 of the Children (Scotland) Act 1995 (whether or not continued under section 72 of that Act) or made by the sheriff under section 50(5) (c) (iii) of that Act and any order made by a court in England and Wales or in Northern Ireland if it is an order which, by virtue of section 32(1) of that Act, has effect as if it were such a supervision requirement."; and
(c) paragraph 7 shall cease to have effect.").

The noble Earl said: My Lords, I beg to move these amendments en bloc.

On Question, amendments agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page