HL Deb 25 June 1925 vol 61 cc790-1

Amendment reported (according to Order).

Clause 5 (Power of father and mother to appoint testamentary guardians):

THE LORD CHANCELLOR moved, after subsection (5), to insert the following new subsection:— (6) If under the preceding section a guardian has been appointed by the court to act jointly with a surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the court shall act jointly with the guardian appointed by the surviving parent. The noble and learned Viscount said: My Lords, the Amendments which I have put down on the Paper to this Bill are mostly of a formal character and will not give rise to discussion. The first one provides that if a guardian has been appointed by the Court to act jointly with a surviving parent he shall continue to act as guardian after the death of the surviving parent. I beg to move.

Amendment moved— Page 3, line 34, at end insert the said new subsection.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 7:

Extension of jurisdiction to courts of summary jurisdiction.

7.—(1) For the purposes of the Guardianship of infants Act, 1886, as amended by this Act, the expression "the court" shall include a court of summary jurisdiction:

Provided that a court of summary jurisdiction shall not be competent— (a) to entertain any application under the Guardianship of Infants Act, 1886, as so amended, relating to an infant who has attained the age of sixteen years, unless the infant is physically or mentally incapable of self support; or

THE LORD CHANCELLOR moved, in paragraph (a) of subsection (1), after "application," to insert "other than an application for variation or discharge of an existing order." The noble and learned Viscount said: I think that is an alteration which ought to be made.

Amendment moved— Page 4, line 7, after ("application") insert ("other than an application for variation or discharge of an existing order").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 9 (Consents required to marriage of infants):

THE LORD CHANCELLOR moved, in paragraph (2), to leave out "Vicar-General of the Archbishop of the Province" and insert "Master of the Faculties." The noble and learned Viscount said: It has been suggested that the right official to be named here is not the Vicar-General but the Master of the Faculties. I beg to move.

Amendment moved— Page 6, line 32, leave out ("Vicar-General of the Archbishop of the Province") and insert ("Master of the Faculties").—(The Lord Chancellor.)

On Question, Amendment agreed to.

The Schedule:

THE LORD CHANCELLOR

There is a formal Amendment to the Schedule which I beg to move at the end of Part I.

Amendment moved— Page 8, line 35, after ("parents") insert ("or by the Court under Section 4 of this Act").—(The Lord Chancellor.)

On Question, Amendment agreed to.