'. In section 17 of the Social Work (Scotland) Act 1968 (effect of assumption of parental rights) the following subsection is inserted after subsection (9)—
(10) Where an offence under subsection (8) or (9) of this section has been or is believed to have been committed, a constable, or any person authorised by any court or by any justice of the peace, may take and return the child to the local authority or voluntary organisation in whom are vested the parental rights and powers relating to the child.".'—[Mr. McElhone.]
§ Brought up, and read the First time.
§ Mr. McElhone
I beg to move, That the clause be read a Second time.
It inserts provisions in Section 17 of the Social Work (Scotland) Act 1968 relating to the procedure for the recovery and return of children whose parental rights have been vested in a local authority or voluntary organisation. Equivalent provisions in regard to England and Wales have been introduced under new Clause 12.
Section 17(8) and (9) of the 1968 Act as at present drafted together allow that it shall be an offence, punishable by a fine or imprisonment, for a person either to remove or prevent the return of children whose parental rights have been vested in a local authority, or to fail to return such a child when legally in the person's possession after being required by the local authority to return the person. Under a separate amendment, the same provisions will also apply in cases where parental rights have been vested in a voluntary organisation.
§ Question put and agreed to.
§ Clause read a Second time and added to the Bill.