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Lords Amendment No. 83: In page 81, line 10, at end insert:
or from being dealt with under any of those Acts.
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
The purpose of the Amendment is to make it clear that the prohibition in 478 Clause 4 on proceedings for offences committed by children does not extend to proceedings under the Armed Forces Discipline Acts in respect of acts or omissions which took place overseas.
§ Question put and agreed to.
§ Subsequent Lords Amendment agreed to.
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Lords Amendment No. 85: In page 81, line 18, leave out paragraph 5 and insert:
5.—(1) The coming into force of section 7(1) or of an order under section 32(1)(d) of this Act shall not affect any sentence of borstal training passed before the date when the said section 7(1) or the order came into force or any committal for sentence before that date under section 28(1) of the Magistrates' Courts Act 1952; but a sentence of borstal training shall not be passed on any person (including a person to whom such a committal relates) if on the date of the relevant conviction he had not attained the minimum age which is for the time being specified in section 20(1) of the Criminal Justice Act 1948.
(2) Nothing in section 7(2) of this Act affects a probation order made before the coming into force of the said section 7(2).
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
This Amendment is a transitional provision preserving sentences of borstal training and probation orders made before the coming into force of Clause 7.
§ Question put and agreed to.
§ Subsequent Lords Amendment agreed to.
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Lords Amendment No. 87: In page 82, line 38, at end insert:
(6A) References to an approved school order in this paragraph, except in sub-paragraph (2)(a), include references to an order of the competent authority under subsection (1) of section 83 of the Act of 1933 and such an order as is mentioned in subsection (3) of that section; and in relation to those orders this paragraph shall have effect as if for subparagraph (2)(a) there were substituted the following—
(a) to be the subject of a care order made by a court in England on the date when the order for his detention in a school was made under the relevant law mentioned in section 83 of the Act of 1933 and committing him to the care of a local authority nominated in relation to him by the Secretary of State; and".
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
479 This Amendment has the effect of providing that persons under 19 years of age who have been transferred from Northern Ireland, Scotland, the Isle of Man and the Channel Islands to be subject to care orders in place of approved orders on the appointed day.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
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Lords Amendment No. 90: In page 83, line 23, leave out paragraph 12 and insert:
12.—(1) Where a supervision order under the Children and Young Persons Acts 1933 to 1963 is in force on the date when this paragraph comes into force or where an order under section 52 of the Act of 1963 (whether made before, on or after that date) falls to be treated by virtue of subsection (3) of that section as a supervision order under the Act of 1933, the order and, in relation to the order, any enactment amended or repealed by this Act shall, subject to the following provisions of this paragraph, have effect as if this Act had not been passed; and the order may be altered or revoked accordingly.
(2) A juvenile court before which the person to whom such a supervision order relates is brought after the date aforesaid in pursuance of subsection (1) of section 66 of the Act of 1933 shall not have power to make such an order as is mentioned in that subsection in respect of him but shall instead have power to revoke the supervision order and make a care order in respect of him on being satisfied that he is unlikely to receive the care or control he needs unless the court makes a care order; and section 6(1) of the Act of 1963 shall not apply in a case where the court exercises its power under this sub-paragraph.
(3) Where such a supervision order contains a provision requiring residence in an institution which has become a community home, the provision shall be construed as requiring residence in the home; and in such a case any reference to an institution of the kind in question in rules under the Criminal Justice Act 1948 providing for the making of payments to the body or person by whom the institution is managed shall be construed as a reference to the home.
(4) References to a supervision order in sub-paragraphs (2) and (3) of this paragraph include references to an order under the said section 52.
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
This Amendment inserts a new paragraph 12 into Schedule 4. This paragraph contains transitional provisions for supervision orders made under the Children and Young Persons Acts 1933–1963 480 which are in force on the date when the new code of supervision in Clauses 11 to 19 come into force.
§ Question put and agreed to.
§ Lords Amendment No. 91: In page 83, line 39, leave out "commencement" and insert "passing".
§ Mr. Elystan MorganI beg to move, That this House doth agree with the Lords in the said Amendment.
The word "commencement" is inappropriate, because there will be different dates on which different provisions of the Bill will be brought into force.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to