HL Deb 24 July 1968 vol 295 cc1209-12

[Nos. 2–56.]

Clause 1, page 2, line 6, leave out subsection (4).

Clause 1, page 2, Line 17, leave out "7(1)(e) thereof" and insert "7(1) thereof so far as relating to the".

Clause 1, page 2, Line 22, at end insert "or to health visiting".

Clause 1, page 2, Line 23, at end insert— ( ) On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.

Clause 2, page 2, line 33, at end insert— ( ) Part IV of the Children and Young Persons (Scotland) Act 1937,

Clause 2, page 2, Line 34, leave out "and" and insert "to".

Clause 5, page 4, line 31, leave out "in need".

Clause 5, page 4, line 36, leave out "in need".

Clause 5, page 4, line 37, leave out "in need so".

Clause 5, page 4, line 39, leave out "in need".

Page 5, line 1, leave out "a person in need being".

Page 5, line 1, line 7, leave out "in need".

Clause 6, page 5, line 21, after "authority" insert "or a voluntary organisation or other person".

Clause 6, page 5, line 22, leave out paragraph (b).

Clause 6, page 5, Line 41, leave out "persons in need" and "any persons to whom the authority or organisation has made available advice, guidance or assistance in pursuance of this Act, or who may require such advice, guidance or assistance".

Clause 6, page 5, line 46, leave out from "establishment" to end of line 46 and insert "in respect of which the person carrying on the establishment is registrable under Part IV of this Act".

Clause 7, page 6, line 23, leave out "person to be the".

Clause 7, page 6, line 24, leave out "person to be the".

Clause 7, page 6, line 29, leave out "as respects" and insert "on".

Clause 9, page 7 line 18, at beginning insert— ( ) The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services for the purposes of this Act.

Clause 10, page 7, line 38, leave out "sums" and insert "grants"

Clause 10, page 7, line 40, leave out "those sums" and insert "such grants".

Page 8, line 8, at end insert— ( ) On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under sections (Financial assistance by the Ministry of Health and the Secretary of State to certain voluntary organisations) and (Financial and other assistance by local authorities to certain voluntary organisations) of the Health Services and Public Health Act 1968 shal1 cease in so far as any such assistance may be given under this section.

Clause 12, page 8, line 23, leave cut "in their area"

Clause 12, page 8, Line 25, leave out first "in" and insert "for"

Clause 12, page 8, Line 29, leave out from beginning to end of line 23 on page 9 and insert "such assistance may be given to, or in respect of, the persons specified in the next following subsection, in kind or in cash subject to subsections (1B) and (1C) of this section. (1A) The persons specified for the purposes of the foregoing subsection are—

  1. (a) a person, being a child under the age of eighteen, requiring assistance in kind, or in exceptional circumstances in cash, where such assistance appears to the local authority likely to diminish the need—
    1. (i) to receive him into, or to keep him in, care under this Part of this Act, or
    2. (ii) of his being referred to a children's hearing under Part III of this Act;
  2. (b) a person in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person's need would cause greater expense to the local authority on a later occasion.
(1B) Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need. (1C) Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.

Clause 14, page 9, line 37, leave out "domestic" and insert "home".

Clause 14, page 9, line 38, leave out "imminent or".

Clause 14, page 9, line 42, leave out "domestic" and insert "home".

Page 10, line 6, at end insert— ( ) On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections (Home help and laundry facilities), (Extension of power, under the National Assistance Act 1948, of local authority to provide accommodation elsewhere than in premises managed by them or another such authority) and (Promotion, by local authorities, of the welfare of old people) of the Health Services and Public Health Act 1968 shall cease to have effect.

Clause 15, page 10, line 33, leave out "is" and insert "are".

Page 11, line 3, leave out from "may" to "three" in line 4 and insert "within".

Page 11, line 3, line 11, at end insert— ( ) Where under the last foregoing subsection a local authority take over the care of a child from another local authority, that other authority shall where possible inform the parent of the child that the care of the child has been so taken over.

Clause 16, page 11, line 13, leave out "as respects" and insert "with respect to".

After Clause 18, insert the following new clause—

Amendment of Children Act 1958, 1958 c. 65 .The Children Act 1958 shall have effect subject to the amendments set out in Schedule (Amendment of Children Act 1958) to this Act.

Leave out Clause 19.

Clause 21, page 16, line 9, at end insert— ( ) Arrangements may be made by a local authority under this section for boarding out a child in England or Wales or for maintaining him in any accommodation in England or Wales which a local authority in those countries is authorised to use for that purpose by virtue of section 13 of the Children Act 1948.

Clause 21, page 16, line 10, leave out subsection (3).

Clause 22, page 16, line 22. leave out "persons" and insert "person".

Clause 24, page 17, line 7, leave out from "they" to first "of" in line 8 and insert "ceased to be".

Clause 27, page 18, line 23, leave out "sitting in their area "

Clause 27, page 18, line 33, leave out "the".

Clause 27, page 18, line 42, leave out from "it" to end of line 43 and insert "by such date, as he may require, to the Secretary of State for his approval".

Page 19, line 12, after "thereof" insert— (d) arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section".

Clause 30, page 20, line 23, leave out paragraph (c) and insert— (c) a child whose case has been referred to a children's hearing in pursuance of Part V of this Act.

Clause 31, page 20, line 34, leave out subsection (2) and insert— (2) The case of any child liable to prosecution in respect of any act committed or omission made, but against whom proceedings have not been instituted before the commencement of this Act, shall be dealt with in accordance with the law as in force after the said commencement.

Clause 32, page 21, line 20, leave out paragraph (h).

Clause 32, page 21, line 22, leave out paragraph (i) and insert— ( ) he is a child whose case has been referred to a children's hearing in pursuance of Part V of this Act.

Clause 33, page 21, line 34, leave out "their children's panel" and insert "the children's panel for their area".

Clause 34, page 22, line 9, leave out "in their area" and insert "for their area, and such accommodation and facilities may be provided, in the area of another local authority."

Clause 35, page 22, line 22, at end insert "or shall authorise the exclusion of bona fide representative of a newspaper of newsagency".

Clause 35, page 22, line 41, leave out "subsequent appeal" and insert proceedings arising therefrom;"

Clause 37, page 24, line 1, leave out from "Where" to "has" in line 2, and insert "any person"

Clause 37, page 24, line 6, leave out from "or" to "may" and insert "any person authorised by any court or by any justice of the peace"

Clause 37, page 24, line 9, after "1937" insert "or any offence under section 21(1) of that Act".

LORD HUGHES

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 2 to 56.

Moved, That this House doth agree with the Commons in the said Amendments (Nos. 2 to 56).—(Lord Hughes.)

On Question, Motion agreed to.