HC Deb 17 July 1968 vol 768 cc1552-3

Amendment made: No. 86, in page 52, line 8, after 'person', insert 'ordinarily'.—[Mr. Ross.]

Mr. Ross

I beg to move Amendment No. 87, in page 52, line 9, after 'authority', insert: ', and in this subsection any reference to another local authority includes a reference to a local authority in England or Wales'.

Mr. Deputy Speaker

I suggest that it would be convenient to discuss at the same time Government Amendments Nos. 128 and 131.

Mr. Ross

I am obliged, Mr. Speaker.

The purpose of these Amendments is to ensure that a local authority can recover from a local authority across the border any expenditure which it incurs in providing accommodation, services and so on for persons ordinarily resident in the area of that local authority. The Children Act, 1948, and the National Assistance Act, 1948 are both Great Britain enactments but, as the relevant provisions relating to recovery from another authority are being repealed for Scotland, it is necessary to spell out in Section 32(1) of the National Assistance Act and in Section 1(4) of the Children Act that recovery can be made from a local authority in Scotland, in order to preserve the status quo. Clause 86 is being similarly extended to ensure that Scottish local authorities can make recovery from a local authority south of the border.

Paragraph 16(2) of Schedule 7 in effect repeats the existing paragraph 16 except that, in the proviso to Section 1(5), which relates to the determination of ordinary residence, the reference to boarding-out under this Bill is to be additional to, rather than in substitution for, the reference to boarding-out under the Children and Young Persons (Scotland) Act, 1937.

Amendment agreed to.

Mr. Millan

I beg to move Amendment No. 88, in page 52, line 13, at end insert: (3) In determining for the purposes of subsection (1) of this section the ordinary residence of any person or child, any period during which he was a patient in a hospital forming part of the hospital and specialist services provided under Part II of the National Health Service Act, 1946 or Part II of the National Health Service (Scotland) Act, 1947 or, in the case of a child, any period during which he resided in any place as an inmate of a school or other institution, or in accordance with the requirements of a supervision requirement, supervision order or probation order or the conditions of a recognizance, or while boarded cut under this Act or under the Children Act, 1948, the Children and Young Persons Act, 1933 or the Children and Young Persons (Scotland) Act, 1937 by a local authority or education authority shall be disregarded. This new subsection provides that certain periods of residence are not to be taken into account in the determination of ordinary residence. We are, here cealing with the Clause for the determination of residence and it is right that we should make this Amendment to exclude these special periods of residence.

Amendment agreed to.

Forward to