HL Deb 30 April 1968 vol 291 cc1081-3

[References are to Bill 60 as first printed for the Commons]

[Nos. 1–17.] Leave out Clause 2.

Clause 3, page 2, line 26, leave out ("under this Act").

Page 3, line 10, leave out ("a child who is") and insert ("any child").

Page 3, line 12, leave out from second ("issue") to end of line 14 and insert ("being legitimated persons, of any child of that marriage (including such issue of any child legitimated by that marriage)").

Page 3, line 35, at end insert— ("(8) Subsection (1) above shall apply only in relation to the legitimation of a person by or under this Act.")

Clause 4, page 3, line 39, leave out paragraph (b) and insert— ("(b) that person would, if he had not died, have been legitimated on any date before or after such commencement or (by virtue of section 5 below) at such commencement").

Page 4, line 4, leave out ("rendered legitimate") and insert ("legitimated").

Page 4, line 7, leave out from beginning of line to ("the") in line 10 and insert— ("(a) the data which would have been the date of the legitimation of the illegitimate person, if that date occurs after the commencement of this Act; (b) in any other case,").

Clause 5, page 4, line 34, leave out ("rendered legitimate") and insert ("legitimated").

After Clause 5, insert the following new Clause—

Provisions relating to recognition of foreign legitimation

(".—(1) In this Act, unless the context otherwise requires—

  1. (a) references to the legitimation of a person shall (subject to paragraph (b) below) be construed as including references to the recognition under the law of Scotland, 1082 whether before or after the commencement of this Act, of a person as being legitimate under the law of a country or territory outside Scotland by the subsequent marriage of his parents;
  2. (b) references to the legitimation of a person under this Act shall be construed as including references to the recognition after the commencement of this Act, of a person as being legitimated as aforesaid;
  3. (c) subject to the provisions of subsection (3) below, references to the date of the legitimation of a person shall, in relation to a person recognised as being legitimated as aforesaid, be construed as references to the date which his legitimation was or recognised as having effect from;
and "legitimated" shall be construed accordingly.

(2) Where after the commencement of this Act any person is legitimated under the law of a country or territory outside Scotland, the fact that the father of that person was at any time previous to his marriage to the mother of that person domiciled in a county or territory in which legitimation by subsequent marriage was not permitted by law shall not prevent the recognition of that person as being legitimated.

(3) A person legitimated after the commencement of this Act under the lass of a country or territory outside Scotland shall not be recognised as being legitimated with effect from a date earlier than that on which his legitimation occurs.

(4) For the purposes of this section a person legitimated under the law of a country or territory outside Scotland shall be deemed to he so legitimated by the subsequent marriage of his parents in any case where, under the law of the country or territory in question, the marriage of his parents was a condition necessary to his legitimation.")

Clause 7, page 5, line 8, leave out from beginning to end of line 15 and insert— ("(2) The legitimation of any person—

  1. (a) by virtue of section 5 of this Act, or
  2. (b) under this Act, if he would not have been legitimated had this Act not been passed,").

Clause 7, page 5, line 19, leave out ("Save as provided in") and insert ("Subject to the provisions of").

Clause 7, page 5, line 22, leave out from beginning to ("such") in line 26 and insert ("under a deed which came into operation before the commencement of this Act shall, in so far as").

Clause 8, page 5, line 38, leave out ("(a)").

Clause 8, page 5, line 40, after ("whether") insert ("by or").

Clause 8, page 5, line 42, leave out from beginning to end of line 18 on page 6 and insert— (" 'legitimated' shall be construed accordingly.") In the Title, line 3, after ("parents") insert ("to make provision in relation to the recognition under the law of Scotland of legitimation effected under foreign law and to the effects of such recognition;").

LORD HUGHES

My Lords, nine of the Amendments which the Commons have made arise from a recent Judicial decision of your Lordships' House. The other eight Amendments are of a purely drafting nature. With permission, I will move that this House doth agree with the Commons in their Amendments Nos. 1 to 17 en bloc.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Hughes.)