HC Deb 13 August 1913 vol 56 cc2583-5

The local authority are hereby empowered, and it shall be their duty, subject to the provisions of this Act and to regulations made by the Secretary of State—

  1. (a) to ascertain what persons within their area are defectives subject to be dealt with under this Act otherwise than at the instance of their parents or guardians;
  2. (b) to provide suitable supervision for such persons, or if such supervision affords insufficient protection, to take steps for securing that they shall be dealt with by being sent to institutions or placed under guardianship in accordance with this Act;
  3. (c) to provide suitable and sufficient accommodation for such persons when sent to certified institutions by orders under this Act, and for their maintenance therein, and for the conveyance of such persons to and from such institutions;
  4. (d) to make provision for the guardianship of such persons when placed under guardianship by orders under this Act;
  5. (e) if they think fit, to maintain in an institution or approved home or contribute towards the expenses of maintenance in an institution or approved home or the expenses of guardianship of a defective;
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  6. (f) if they think fit, to provide for the burial of such persons dying in an institution or when placed under guardianship in accordance with this Act;
  7. (g) to appoint or employ sufficient officers and other persons to assist them in the performance of their duties under this Act;
  8. (h) to make to the Board annual reports and such other reports as the Board may require:

Provided that—

  1. (i) nothing in this Act shall be construed as imposing any obligation on a local authority to perform the duties mentioned in paragraphs (b), (c), (d), and (g) aforesaid where the contribution out of moneys provided by Parliament under this Act towards the cost of income account of performing such duties is less than one-half of the net amount (as approved by the Board) of such cost;
  2. (ii) nothing in this Act shall affect the powers and duties of Poor Law authorities under the Acts relating to the relief of the poor, with respect to any defectives who may be dealt with under those Acts, nor the right of Poor Law authorities to receive the same Grant for a defective who has been, or may be, sent to an institution, that they would have received if the Idiots Act, 1886, had not been repealed; nor shall local authorities under this Act have any duties with respect to defectives who for the time being are being provided for by such authorities as aforesaid, except to such extent as may be prescribed by regulations made by the Secretary of State with the concurrence of the Local Government Board:
  3. (iii) Nothing in this Act shall affect the powers and duties of local authorities under the Lunacy Acts, 1890 to 1911, with respect to any defectives who may be dealt with under those Acts, nor shall local authorities under this Act have any duties or powers with respect to defectives who for the time being are, or who might be, provided for by such authorities as aforesaid except to such extent as may be prescribed by regulations made by the Secretary of State with the concurrence of the Lord Chancellor:
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  4. (iv) nothing in this Act shall affect the duties or powers of local education authorities under the Education Acts; and the duty of ascertaining what children over the age of seven and under the age of sixteen (hereinafter referred to as defective children) are defectives shall rest with the local education authority as hereinafter provided and not with the local authority under this Act; and such last mentioned authorities shall have no duties as respects defective children, except those whose names and addresses have been notified to them by the local education authority under the provisions of this Act.

Lords Amendment: In paragraph (a), leave out the words "at the instance of their parents or guardians," and insert instead thereof the words "under paragraph (a) of Sub-section (1) of Section two of this Act."

Mr. WEDGWOOD

It seems to me this is rather an important Clause as to the duty of the local authority making up the list. I want to know whether it gives them very extended powers to inquire into better class households or not?

Mr. McKENNA

No; it makes no change in the Bill at all, but is merely a drafting Amendment.

Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.

Lords Amendments:—

In paragraph (e), leave out the words "a defective," and insert instead thereof the words "any defectives other than aforesaid."

In paragraph (f), leave out the word "such" ["the burial of such persons"].

Lords Amendments agreed to.