§ Page 4, line 20, leave out from ("is,") to the end of the clause, and insert ("under care and treatment (other than treatment as a voluntary patient) within the meaning of Section one hundred and seventy-six of the Supreme Court of Judicature (Consolidation) Act, 1925, as amended by the Matrimonial Causes Act, 1937, and not otherwise").
LORD ALNESSMy Lords, I beg to move that this House doth agree with the Commons in the said Amendment. This Amendment falls into two parts. The first part eliminates voluntary treatment from the statutory definition of "care and treatment" and the second includes detention in an asylum in England. With regard to the first, the Church of Scotland and other bodies were against the inclusion of voluntary treatment on the ground that it might prevent persons from submitting themselves to such treatment who ought to do so. With regard to the second, it not infrequently happens that where two parties are domiciled in Scotland one of them may be detained in an English asylum, and it is appropriate therefore to provide that where parties are domiciled in Scotland, and where only the Court of Session can dissolve the marriage, detention in an 943 English asylum should have the same consequences as detention in a Scottish asylum.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Alness.)
§ On Question, Motion agreed to.