§ 1. Every agreement to which the transferor was a party immediately before the date of transfer shall have effect as from that date in favour of or against the transferee as if the transferee had been a party to the agreement instead of the transferor.
§ 2. Where the functions of the transferor are transferred to more than one transferee the property, rights, liabilities and obligations of the transferor shall be allocated in such a manner as relates to the allocation of the functions transferred to each of the transferees.
§ 3. Any legal or other proceedings to which the transferor is a party which are pending on the date of the transfer may be continued on or after that date as if the transferee instead of the transferor had been that party.
§ 4. The Secretary of State may make regulations for facilitating the transfer of any property, rights, liabilities or obligations in pursuance of this Act.
§ 5. In this Schedule—
- (a) "transferor" means a body or person from whom a function has been transferred under this Act and from whom any property, right, liability or obligation has been so transferred, and
- (b) "transferee" means a local authority to whom a function or any property, right, liability or obligation has been so transferred,
§ On Question, Amendment agreed to.
549§ Schedule 6 [Minor and Consequential Amendments]:
§ LORD HUGHESMy Lords, this is a drafting Amendment. It changes references to "remand home" to "place of safety". I beg to move.
§
Amendment moved—
Page 65, line 25, at end insert—
§ (" Criminal Appeal (Scotland) Act 1926
§ . In section 9(4)(d), for the words "remand home" and "home" there shall be substituted the words "place of safety".") —(Lord Hughes.)
§ On Question, Amendment agreed to.
§ LORD DRUMALBYNMy Lords, I do not think we have any further comments. If it is convenient to the noble Lord and to the House, we do not object to the remaining Amendments being put en bloc.
§ LORD HUGHESI am most grateful to the noble Lord for that suggestion, which will enable us to finish within our time limit. If it is acceptable to your Lordships, therefore, I will move that Amendments Nos. 73 to 88 be accepted en bloc.
§ Amendments moved—
§ Page 66, line 10, after ("110(1),") insert ("in")
§ Page 66, line 2, after ("officers") insert ("nominated")
§ Page 66, line 2, after ("words" ") insert ("an")
§ Page 66, line 9, leave out ("director of social work or officer representing him") and insert ("officer of the local authority who is to supervise the probationer")
§ Page 66, line 13, leave out sub-paragraph (5)
§ Page 66, line 21, leave out from ("or" ") to end of line and insert ("officers" there shall be substituted the words "any officer" ")
§ Page 66, line 28, leave out ("they think") and insert ("it thinks")
§ Page 66, line 33, after ("words"") insert ("a")
§
Page 69, line 2, at end insert—
("() After subsection (4) there shall be inserted the following subsections—
() Where in the case of a person who has been committed to prison under the last foregoing subsection, the sheriff is satisfied that his detention in prison is no longer necessary, he may revoke the commitment and commit the person to the local authority in whose area the court is situated, and the authority shall have the duty of placing him in a suitable place of safety.
550
() In section 30(1), in the subsection substituted thereby for section 9(4) of the Criminal Appeal (Scotland) Act 1926, in paragraph (d) for the words "remand home" and "home" there shall be substituted the words "place of safety ".")
§
Page 69, line 20, at end insert—
("() In paragraph (4)(a), for the words from "the probation officer" to "salaried probation officers" there shall be substituted the words "the local authority named in the order, the local authority".").
§
Page 70, line 5, leave out from ("10,") to end of line 15 and insert ("for subsection (4) there shall be substituted the following subsection—
(4) On the making of an order under this section committing the care of a child to a local authority, Part II of the Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 14 of that Act, so however that—
§ Page 69, line 26, leave out ("under")
§ Page 69, line 29, leave out first ("of")
§ Page 69, line 35, leave out ("or,")
§ Page 73, line 37, at end insert—
§ ("Registration of Births, Deaths and Marriages (Scotland) Act 1965
§ .—(1) In section 15, in subsections (1) and (3), for the words "children's officer" there shall be substituted the words "director of social work".
§ (2) In subsection (4), for the words "Children and Young Persons (Scotland) Act 1937" there shall be substituted the words "Social Work (Scotland) Act 1968".")
§ Schedule 7, page 74, column 3, leave out line 33, and insert—
§ ("Section 51.
§ Section 53(2) and (3)")—(Lord Hughes.)
§ On Question, Amendments agreed to.
§ LORD HUGHESMy Lords, I beg to move en bloc Amendments Nos. 90 to 97. I beg to move.
§ Amendments moved—
§ Schedule 7, page 75, line 36, at end insert ("and (9)")
§ Schedule 7, page 75, line 41, leave out ("therein") and insert ("and")
551§ Page 76, line 33, leave out from ("subparagraph" to end of line 35 and insert ("4(b), the words "named therein",")
§ Page 76, line 37, at beginning insert ("an")
§ Page 76, line 38, after ("home") insert ("or in")
§ Page 76, line 39, after (" "other" ") insert ("and paragraph 7")
§ Page 77, line 24, at end insert ("Section 69(1)(b)")
§ Page 77, line 35, at end insert ("In section 145(42) the words from "but does not" to "1937".").—(Lord Hughes.)
§ On Question, Amendments agreed to.