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Lords Amendment No. 96: In page 85, line 2, at end insert:
3A. In section 46 of the Act of 1933, after subsection (1) there shall be inserted the following subsection—
(1A) If a notification that the accused desires to plead guilty without appearing before the court is received by the clerk of a court in pursuance of section 1 of the Magistrates' Courts Act 1957 and the court has no reason to believe that the accused is a child or young person, then, if he is a child or young person he shall be deemed to have attained the age of seventeen for the purposes of subsection (1) of this section in its application to the proceedings in question.
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
The Amendment has the effect of allowing an adult court to act on an admission of guilt of a person from a young person if there is no reason to believe that the person is under the age of 17.
§ Question put and agreed to.
§ Subsequent Lords Amendment agreed to.
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Lords Amendment No. 98: In page 87, line 17, at end insert:
17A. In section 43(1) of the said Act of 1948 for the words from "Parts IV and V" on wards there shall be substituted the words "the Children and Young Persons Acts 1933 to 1969, the Adoption Act 1958 and the Adoption Act 1968".
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
Section 43 of the Children Act, 1948 enables the Secretary of State to appoint an advisory council on child care for the purpose of advising him on matters connected with the discharge of his function in England and Wales under the 1948 Act and a number of other enactments dealing with children and young persons. The effect of the Amendment is to make the purpose of the advisory council to advise the Secretary of State on matters connected with the discharge of his function under all the enactments dealing with children and young persons, and with adoption.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
§ Lords Amendment No. 101: In page 89, line 2, leave out "from 'in the care of' to".
§ Mr. Elystan MorganI beg to move, That this House cloth agree with the Lords in the said Amendment.
§ Mr. SpeakerWith this Amendment, we will take Lords Amendments Nos. 103, 111, 117 and 118.
§ Mr. Elystan MorganThese Amendments are primarily of a technical character. Under Section 2(4) of the Children Act, 1958 as amended by paragraph 25 of Schedule 5, a child would not be a foster child for the purposes of that Act if subject to a supervision order. However, the making of a supervision order only disturbs the foster-parent and foster-child relationship where it transfers the care of the child to someone else, and only in that case should the child be placed outside the definition of foster-child. The first two of these Amendments secure this, and the fifth Amendment is consequential.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
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Lords Amendment No. 105: In page 90, line 20, at end insert:
The Mental Health (Scotland) Act 1960
37A. In section 10(1)(a) of the Mental Health (Scotland) Act 1960, for sub-paragraph (ii) there shall be substituted the following subparagraph:—
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(ii) section 24 of the Children and Young Persons Act 1969 (which relates to the powers and duties of local authorities in England and Wales with respect to persons committed to their care);
37B. In section 46 of the said Act of 1960, for paragraph (b) there shall be substituted the following paragraph:—
(b)section 24 of the Children and Young Persons Act 1969 (which relates to the powers and duties of local authorities in England and Wales with respect to persons committed to their care);
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
The new paragraphs which it is proposed to insert in Schedule 5 make amendments to the Mental Health (Scotland) Act, 1960, consequential on the substitution by the Bill of care orders or fit person orders.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.