HC Deb 28 October 1975 vol 898 c1446
Dr. Owen

I beg to move Amendment No. 149, in page 5, line 17, after 'society', insert 'or by the society jointly with the authority'. The effect of this amendment is to enable a local authority directed by the Secretary of State under Clause 7 to take over activities of an inactive or defunct adoption society, or a society from which approval has been withdrawn, to apply to a court for an order transferring parental rights and duties which had been vested in the society following a Clause 14 order.

The amendment should put beyond dispute a local authority's power to make such an application on its own. I hope that the amendment will commend itself to the House.

Amendment agreed to.

Dr. Owen

I beg to move Amendment No. 1, in page 5, line 20, at end insert— '(2) Before giving a direction under subsection (1) the Secretary of State shall, if practicable, consult both the society and the authority'. The amendment provides that under Clause 7 the Secretary of State, before directing a local authority to take over the responsibilities of an inactive or defunct adoption society, shall, if practicable, consult the society and the authority. The words "if practicable" allow for emergency situations where, for example, there might be difficulty in getting a response from a society and the welfare of the children in the society's care was at risk. This fulfils an undertaking given to the hon. Member for Birmingham, Edgbaston (Mrs. Knight) on 8th July.

Amendment agreed to.

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