HC Deb 20 May 1938 vol 336 cc736-7

Amendment made: In page 3, line 4, leave out: The power which is conferred on a court by and insert: "Any Order made under."— [Mr. Lyons.]

Mr. Lyons

I beg to move, in page 3, line 6, to leave out, "to make an order," and to insert: or under section forty-five of the Education Act, 1911, as so amended. The first part of the Amendment is purely drafting, but the second part has some substance, because its object is to give the court the same power to attach suitable provisions to a supervision order made under Section 45 of the Education Act, 1921—a power conferred on the court by Clause 3 (1)—as the court is being given by this Clause in respect of the other supervision orders made under Sections 62, 64 or 84 of the principal Act, as amended by this Bill. It is left to the discretion of the courts to determine the provisions, if any, to be attached to a supervision order in each case.

Sir R. Clarry

I beg to second the Amendment.

Amendment agreed to.

Mr. Lyons

I beg to move, in page 3, line 9 to leave out from "court," to "as," in line 12, and to insert: may contain such provisions (including provisions determining the place at which the child or young person is to reside). This also is a drafting Amendment, It is thought that the word '' provisions '' for which there is legislative precedent in the Summary Jurisdiction Act, would be a better word than "conditions."

Sir R. Clarry

I beg to second the Amendment.

Amendment agreed to.

Further Amendments made:

In page 3, line 16, leave out from the beginning to "in," in line 19, and insert: no such order shall— (i) if it contains any such provisions with respect to residence, be made.

In line 22, leave out from the beginning to "a," in line 23, and insert "be made so as to require."

In line 29, leave out from "where," to the end of line 30, and insert "such an order is made containing provisions."

In line 39, leave out "the conditions of."

In line 40, leave out "those conditions," and insert "the provisions of the order."

In line 41, leave out "condition," and insert "provisions."

In page 4, line 3, leave out "condition," and insert "provisions."

In line 4, leave out "is attached to," and insert "are contained in."

In line 21, leave out "vary."

In line 22, leave out from "subsection)," to "or," in line 25, and insert "vary the order."—[Mr. Lyons.]