Lords Amendment: In page 35, line 47, leave out from "shall" to end of line 48 and insert:
be deemed to be the nearest relative of the patient in preference to any person except the patient's husband or wife (if any) and except, in a case where the said rights and powers are vested in a local authority by virtue of subsection (2) of the said section three, any parent of the patient not being the person on whose account the resolution mentioned in that subsection was passed.
§ Mr. R. Thomson
I beg to move, That this House doth agree with the Lords in the said Amendment.
As Clause 50 originally stood, it provided that the rights and powers of a parent of a child or young person were vested in the local authority. The local authority was deemed to be the nearest relative of the child or young person to the exclusion of everyone else. It was pointed out by the County Councils' Association that local authorities may, and quite often do, assume parental rights under Sections 2 and 3 of the Children Act, 1948, in respect of one parent only, the other parent's parental rights not being affected.
The main purpose of the Amendment is to provide that in such cases the parent who has not been displaced will have precedence over the local authority as the nearest relative for the purposes of the Bill.
§ Question put and agreed to.
§ Subsequent Lords Amendment agreed to.