HC Deb 27 October 1989 vol 158 cc1336-7

Amendments made: No. 100, in page 34, line 5, leave out from second 'if' to end of line 10 and insert— 'it is satisfied that—

  1. (a) there is reasonable cause to believe that the child is likely to suffer significant harm if—
    1. (i) he is not removed to accommodation provided by or on behalf of the applicant; or
    2. (ii) he does not remain in the place in which he is then being accommodated;
  2. (b) in the case of an application made by a local authority—
    1. (i) enquiries are being made with respect to the child under section 41(1)(b); and
    2. (ii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency; or
  3. (c) in the case of an application made by an authorised person—
    1. (i) the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
    2. (ii) the applicant is making enquiries with respect to the child's welfare; and
    3. (iii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.

(1A) In this section—

  1. (a) "authorised person" means a person who is an authorised person for the purposes of section 28; and
  2. (b) "a person authorised to seek access" means—
    1. (i) in the case of an application by a local authority, an officer of the local authority or a person authorised by the authority to act on their behalf in connection with the enquiries; or
    2. (ii) in the case of an application by an authorised person, that person.

(1B) Any person—

  1. (a) seeking access to a child in connection with enquiries of a kind mentioned in subsection (1); and
  2. (b) purporting to be a person authorised to do so, shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.'.

No. 101, in page 34, line 25, leave out from beginning to 'as' in line 28, and insert— '(3) Where an emergency protection order is in force with respect to a child, the applicant—

  1. (a) shall only exercise the power given by virtue of subsection (2)(b) in order to safeguard the welfare of the child.
  2. (b) shall take and shall only take such action in meeting his parental responsibility for the child.'.

No. 102, in page 34, line 37, after 'examination', insert 'or other assessment'.

No. 103, in page 34, line 37, at end insert— '(4A) Where any direction is given under subsection (4)(b), the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment.'.

No. 104 in page 34, line 40, after 'examination', insert 'or assessment'.

No. 105, in page 34, line 41, after 'examination', insert 'or assessment'.

No. 106, in page 35, line 2, leave out from 'child' to end of line 4 and insert— 'and—

  1. (a) the applicant has exercised the power given by subsection (2)(b)(i) but it appears to him that it is safe for the child to be returned; or
  2. (b) the application has exercised the power given by subsection (2)(b)(ii) but it appears to him that it is safe for the child to be allowed to be removed from the place in question.'.

No. 107 in page 35, line 30, after 'him', insert— (dd) any person who is allowed to have contact with the child by virtue of an order under section 31;'.—[Mr. Mellor.]

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