HC Deb 27 May 1970 vol 801 cc2017-9

Lords Amendment: No. 7, page 17, line 2, leave out "Part I of ".

Mrs. Shirley Williams

I beg to move, That this House doth agree with the Lords in the said Amendment.

Mr. Speaker

I suggest that we group Lords Amendments Nos. 7, 8 and 9 together, and I have to inform the House that privilege is involved in them.

Mrs. Williams

These are consequential on the earlier Amendments which concern the Children Act, 1948.

Question put and agreed to.

Subsequent Lords Amendments agreed to. [Several with Special Entry]

Lords Amendment: No. 10. page 18, line 26, leave out from beginning to (" section ") in line 27 and insert:

" (h) section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960;

(i) the Children and Young Persons Act 1963 except Part II and ".

Mrs. Shirley Williams

I beg to move, That this House doth agree with the Lords in the said Amendment.

This Amendment relates to the functions in Section 39 of the Children Act, 1948.

Question put and agreed to.

Lords Amendment: No. 11. page 18, line 35, at end insert:

" The Children and Young Persons Act 1969 (c. 54)

.—(1) In subsection (1)(a) of section 63 of the Children and Young Persons Act 1969 (which requires every local authority to make returns to the Secretary of State with respect to the performance by the authority of the functions specified in section 39(1) of the Children Act 1948) for the words from " the functions " to " committees)" there shall be substituted the words " their functions under the enactments mentioned in subsection (6) of this section ".

(2) In subsection (5) of the said section 63 (which requires the Secretary of State to lay before Parliament reports with respect to certain matters, including the exercise by local authorities of the functions specified in the said section 39(1)) for the words from " the functions " to " 1948" there shall be substituted the words " their functions under the enactments mentioned in subsection (6) of this section ".

(3) At the end of the said section 63 there shall be added the following subsection:—

" (6) The enactments referred to in subsections (1) and (5) of this section are—

  1. (a) Parts III and IV of the Children and Young Persons Act 1933;
  2. (b) the Children Act 1948;
  3. (c) the Children Act 1958;
  4. (d) the Adoption Act 1958;
  5. (e) section 9 of the Mental Health Act 1959 and section 10 of that Act so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section;
  6. (f) section 10 of the Mental Health (Scotland) Act 1960 so far as it relates to children and young persons in respect of whom the rights and powers of a parent are vested in a local authority as mentioned in subsection (1)(a) of that section;
  7. 2019
  8. (g) section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960, section 37 of the Matrimonial Causes Act 1965 and section 7(4) of the Family Law Reform Act 1969;
  9. (h) the Children and Young Persons Act 1963 except Part 11 and section 56;
  10. (i) this Act."

The Chronically Sick and Disabled Persons Act 1970 (c.)

.—(I) In section 2(1) of the Chronically Sick and Disabled Persons Act 1970 (which imposes a duty on local authorities to make arrangements for certain matters in exercise of their functions under section 29 of the National Assistance Act 1948) the words " under the general guidance of the Secretary of State and " shall be omitted, and after the words " the purpose)" there shall be inserted the words " and to the provisions of section 7(1) of the Local Authority Social Services Act 1970 (which requires local authorities in the exercise of certain functions, including functions under the said section 29, to act under the general guidance of the Secretary of State) ".

(2) In section 2(2) of the said Act of 1970 (which makes provision in connection with the carrying into effect of the said arrangements) after the words " section 35(21" there shall be inserted the words " and to the said section 7(1)"."

Mrs. Shirley Williams

I beg to move, That this House doth agree with the Lords in the said Amendment.

The first part is concerned with the repeal of Section 39 of the Children Act. 1948, and is technical. The second part simply brings the Bill into line with the Chronically Sick and Disabled Persons Act, 1970.

Question put and agreed to.