HC Deb 25 July 1990 vol 177 cc629-31

5A. After section 21(2) of the Child Care Act 1980 (power of local authority to allow child in care to be under charge and control of parent, etc.) there shall be inserted the following subsection—

"(2A) For the purposes of subsection (2) above and section 22A below a child shall be regarded as being under the charge and control of a person if he stays with that person for a continuous period of more than 24 hours".'.

No. 55, in page 134, line 34, at end insert— '7A. In section 21(2)(c)(i) of the 1989 Act (provision of accommodation for children on remand) after the word "section" there shall be inserted "16(3A) or".'.

No. 56, in page 134, line 38, at end insert— '(2) After subsection (5) of that section there shall be inserted the following subsection— (5A) For the purposes of subsection (5) a child shall he regarded as living with a person if he stays with that person for a continuous period of more than 24 hours".'.

No. 57, in page 134, line 47, at end insert—

'9A. In section 27 of the Act of 1989 (co-operation between authorities)—

  1. (a) in subsection (1) the words "or other person" and the words "or person" shall be omitted; and
  2. (b) in subsection (3) for the word "persons" there shall be substituted "authorities" and after the words "health authority" there shall be inserted "or National Health Service trust".'.

No. 58, in page 135, line 27, at end insert— '13A. For section 45(10) of the Act of 1989 (appeals against emergency protection orders) there shall be substituted— (10) No appeal may be made against—

  1. (a) the making of, or refusal to make, an emergency protection order;
  2. (b) the extension of, or refusal to extend, the period during which such an order is to have effect;
  3. (c) the discharge of, or refusal to discharge, such an order; or
  4. (d) the giving of, or refusal to give, any direction in connection with such an order."
13B. In section 47(11)(d) of the Act of 1989 (persons obliged to assist local authority investigations), after the words "health authority" there shall be inserted "or National Health Service trust".'.

No. 172, in page 135, line 31, at end insert— '14A. In section 93(2) of the Act of 1989 (rules of court)—

  1. (a) in paragraph (f) for the words "the United Kingdom" there shall be substituted "England and Wales"; and
  2. (b) in paragraph (g) after the word "is" there shall be inserted "or resides".'.

No. 59, in page 135, line 34, at end insert— '15A. In section 97(8) of the Act of 1989 (privacy for children involved in certain proceedings) for the words "Section 71 of the Act of 1980 (newspaper reports of certain proceedings)" there shall be substituted "Sections 69 (sittings of magistrates' courts for family proceedings) and 71 (newspaper reports of certain proceedings) of the Act of 1980". 15B. In section 108(12) of the Act of 1989 (provisions extending to Northern Ireland), in the entry relating to Schedule 14, the word "18" shall be omitted.'.

No. 60, in page 135, line 38, at end insert— '16A. In Schedule 3 to the Act of 1989 (supervision orders) paragraph 7 shall be omitted.'.

No. 61, in page 136, line 4, at end insert— '19A. In Schedule 12 to the Act of 1989 (minor amendments), paragraph 25 (which amended section 16 of the Children and Young Persons Act 1969) shall be omitted. 19B. In Schedule 13 to the Act of 1989 (consequential amendments), paragraph 40 shall be omitted. 19C.—(1) Schedule 14 to the Act of 1989 (transitionals and savings) shall be amended as follows.

(2) In paragraph 15 (children in compulsory care) at the end of sub-paragraph (1) there shall be added "; or— (h) in care by virtue of an order of the court made in the exercise of the High Court's inherent jurisdiction with respect to children,".

(3) In paragraph 16 (modifications)—

  1. (a) in sub-paragraph (4), for the word "(g)" there shall be substituted "(h)"; and
  2. (b) in sub-paragraph (5) for the words from "under" to "1973" there shall be substituted "—
  1. (a) under section 4(4)(a) of the Guardianship Act 1973;
  2. (b) under section 43(5)(a) of the Matrimonial Causes Act 1973; or
  3. (c) in the exercise of the High Court's inherent jurisdiction with respect to children,".

(4) After paragraph 16 there shall be inserted the following paragraph—