HC Deb 23 October 1989 vol 158 cc484-5
The Solicitor-General

I beg to move amendment No. 269, That Clause 5 be divided into two Clauses, the first consisting of page 4, subsections 1–8 and page 5, subsections (16) and (17) and the second of page 4, subsections (9) to (15) on page 5.

Mr. Speaker

With this it will be convenient to consider Government amendments Nos. 274, 275, 277, 279, 280 and 282.

The Solicitor-General

The amendments are largely technical. They deal with the splitting of clause 5 into two parts with detailed provisions about the appointment of guardians and with amendments consequent upon the splitting of the clause and some other drafting amendments.

Amendment agreed to.

Amendments made:

No. 270, in page 4, line 4, leave out from `(1)' to end of line and insert 'Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child's'.

No. 271, in page 4, line 9, at end insert— '(1A) The power conferred by subsection (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it.'.

No. 272, in page 4, line 15 leave out 'is signed by the person making it' and insert 'is signed by the person making the appointment or—

  1. (a) in the case of an appointment made by a will which is not signed by the testator, is signed at the direction of the testator in accordance with the requirements of section 9 of the Wills Act 1837; or
  2. (b) in any other case, is signed at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature.'.

No. 273, in page 4, line 16, after 'a', insert 'child's'.

No. 274, in page 4, line 36, leave out 'subsection (2) or (3)' and insert 'section 5(2) or (3)'.

No. 275, in page 4, line 42 leave out 'subsection (2) or (3)' and insert 'section 5(2) or (3)'.

No. 276, in page 4, line 45, leave out `by him' and insert—

  1. (a) by him; or
  2. (b) at his direction, in his presence and in the presence of two witnesses who each attest the signature.'.

No. 277, in page 5, line 1, leave out 'subsection (2) or (3)' and insert 'section 5(2) or (3)'.

No. 278, in page 5, line 2, leave out from `if' to end of line 3 and insert with the intention of revoking the appointment, the person who made it—

  1. (a) destroys the instrument by which it was made; or
  2. (b) has some other person destroy that instrument in his presence.'.

No. 279, in page 5, line 4, leave out 'subsection (2) or (3)' and insert 'section 5(2) or (3)'.

No. 280, in page 5, line 6, leave out 'subsection (2) or (3)' and insert 'section 5(2) or (3)'.

No. 281, in page 5, line 10, leave out subsection (14) and insert— '(14) Where regulations are made by the Lord Chancellor prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner.'.

No. 282, in page 5, line 13, leave out 'this section' and insert 'section 5'.

No. 283, in page 5, line 14, at end insert—

  1. '(a) on the application of any person who has parental responsibility for the child;
  2. (b) on the application of the child concerned, with leave of the court; or
  3. (c) in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.'.

No. 284, in page 5, line 17, at end insert— `(16A) Subject to any provision made by rules of court, no court shall exercise the High Court's inherent jurisdiction to appoint a guardian of the estate of any child. (16B) Where rules of court are made under subsection (16A) they may prescribe the circumstances in which, and conditions subject to which, an appointment of such a guardian may be made.'.

No. 285, in page 5, line 18, after 'guardian', insert 'of a child'.—[The Solicitor-General.]

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