HC Deb 28 October 1975 vol 898 cc1316-7

'.—(1) In the Interpretation Act 1889 after section 19 there is inserted the following section—

19A.—In any Act passed after the Children Act 1975, unless the contrary intention appears—

  1. (a) the expression "the parental rights and duties",
  2. (b) the expression "legal custody" (as respects a child), and
  3. (c) references to the person with whom a child has his home,
shall be construed in accordance with Part IV of the Children Act 1975.

(2) This section does not extend to Scotland or Northern Ireland."'.—[Dr. Owen.]

Brought up, and read the First time.

Dr. Owen

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker

With the new clause we are to consider Government Amendments Nos. 60, 61 and 62.

Dr. Owen

The effect of the clause is to insert into the Interpretation Act 1889 an indication that the definition of the three expressions referred to is to be found in Part IV.

The clause is a result of an undertaking given in Committee to the hon. Member for Wallasey (Mrs. Chalker) and the hon. and learned Member for Montgomery (Mr. Hooson) to look again at these provisions. It has the support of the Law Society and the Association of British Adoption Agencies. Its purpose is to make readily accessible the definitions of certain commonly used legal concepts which are now embodied within the Bill, whilst avoiding the need for their repetition whenever the terms are used in future legislation.

Amendments Nos. 60, 61 and 62 delete the references to future enactments in the relevant interpretation clauses.

4.30 p.m.

Mrs. Chalker

We very much welcome the Minister's action. It has for long been a matter of grave concern to many of us that such legislation has to be so cross-referenced. I am sure that, with the new clause and the removal of the references to future enactments, matters will be much easier for many of those concerned.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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