HC Deb 20 May 1938 vol 336 cc735-6

As amended (in the Standing Committee), considered.

CLAUSE 2.—(Supervision order in place of order committing to care of fit person.)

II.5 a.m.

Mr. Lyons

I beg to move, in page 2, line 7, to leave out: or an officer of the local eduction authority. The object of the Amendment is to delete certain words that were inserted in Committee, which were moved on behalf of certain education authorities. It is thought, on reflection, that the words ought to be left out as they seem to be unnecessary and embarrassing. They are unnecessary because without them the words in the Clause, as originally drafted— under the supervision of a probation officer or of some other person appointed for the purpose by the court, are wide enough to enable the court, if it thinks fit, to appoint an officer of the local education committee. It is unlikely that the powers conferred by these Clauses will often be used, and it rests with the court in each case to decide under whose supervision the child or young person is to be placed. The original form of words, which I am asking the House to accept, is used in other Sections of the Children and Young Persons Act, 1933, Section 62 (I, d) and it would be embarrassing, from the point of view of interpretation, to have a fresh form of words. Whether an education officer should be readily available to act as a probation officer is a great question of principle not to be dealt with in this Bill.

Sir Reginald Clarry

I beg to second the Amendment.

Amendment agreed to.

Mr. Lyons

I beg to move, in page 2, line 9, at the end, to insert: and section sixty-six of the principal Act shall apply in relation to the substituted order as if it were an order made under Part III of that Act. This is purely a drafting Amendment. Section. 66 of the principal Act sets out the duties of the probation officer or other person under whose supervision a child-is placed by a supervision order made under the Part III of the principal Act. A supervision order made under this Clause will not be an order made under Part III of the Act, and the Amendment is, therefore, necessary in order to ensure that a supervision order made under this Clause shall have the same result as a supervision order made under Part III.

Sir R. Clarry

I beg to second the Amendment.

Amendment agreed to.

    cc736-7
  1. CLAUSE 4.—(Conditions which may be attached to, and variation and revocation of, supervision orders.) 425 words
  2. c737
  3. CLAUSE 5.—(Incidental powers of courts dealing with children and young persons. 83 words
  4. c738
  5. CLAUSE 6.—(Power to deal with children and young persons who become in need of medical treatment while under detention.) 138 words
  6. cc738-43
  7. CLAUSE 9.—(Short title, construction, citation, extent and commencement.) 1,940 words