HC Deb 23 October 1989 vol 158 cc532-3

261.—(1) In section 59(2) of the Magistrates' Courts Act 1980 (periodical payments through justices' clerk) for the words "the Guardianship of Minors Act 1971 and 1973" there shall be substituted "(or having effect as if made under) Schedule 1 to the Children Act 1989".

(2) For section 62(5) of that Act (payments to children) there shall be substituted—

"(5) In this section references to the person with whom a child has his home—

  1. (a) in the case of any child who is being looked after by a local authority (within the meaning of section 19 of the Children Act 1989), are references to that local authority; and
  2. (b) in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child.".`.—[Mr. Mellor.]

Mr. Mellor

I beg to move amendment No. 233, in page 146, line 37, at end insert—

Page 146, line 37, at end insert— `( ) In section 41 of that Act (wards of court), the following subsection shall be inserted after subsection (2)— (2A) Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 89 of the Children Act 1989.)".'.

Madam Deputy Speaker

With this we shall discuss Government amendments Nos. 410, 146, 395, 148 to 150.

Mr. Mellor

This group of amendments mainly concern the effect of care and supervision orders and their interaction with other orders.

Amendment agreed to.

Amendments made: No. 247, in page 146, leave out lines 40 and 41 and insert— '"(ii) the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor's estate".'.

No. 428, in page 146, line 41, at end insert—