HL Deb 24 July 1968 vol 295 cc1231-40

Registration of existing establishments

1.—(1) Until the expiration of a period of two years beginning with the commencement of Part IV of this Act, or until registration is effected or refused under the said Part IV, whichever of those three events first occurs—

  1. (a) a registration in respect of any establishment under any enactment repealed by this Act shall for the purposes of this Act be deemed to be a registration kept by a local authority under section 63 thereof, and
  2. (b) a registration in respect of any establishment (other than an approved school) not required under any enactment immediately before the said commencement but required thereafter shall for the purposes of this Act be deemed to be kept as aforesaid by a local authority so long as there is no change of user.

(2) Notwithstanding the coming into operation of the said Part IV, the provisions of the said Part shall not apply in relation to approved schools until the commencement of Part III of this Act and thereafter, until the expiration of a period of two years beginning with the said commencement or until registration is effected or refused under the said Part IV whichever of these three events first occurs, a registration in respect of an appoved school required under the said Part IV shall, subject to the provisions of the next following paragraph, be deemed to he kept by the Secretary of State under that Part.

(3) Before the expiration of the period of two years mentioned in either of the two foregoing sub-paragraphs, the persons responsible for the management of any establishment deemed to be registered as aforesaid shall, if they intend the establishment to continue for the purposes in respect of which it is so deemed, make application for registration in accordance with the provisions of the said Part IV.

Approved schools

2.—(1) The following enactments shall, notwithstanding the repeal or exclusion by this Act of any such enactment, continue to have effect, with any necessary modifications, in relation to establishments which were approved schools immediately before the commencement of Part III of this Act until such time as the Secretary of State otherwise directs, either generally or in regard to any particular establishment—

  1. (a) The Children and Young Persons (Scotland) Act 1937: sections 83(2) and (3) and 85(1), 2(a) and (c) (surrender of certificate of approval of approved school and classification and administration etc. of approved schools); section 107(1)(a)(i) and (b) and (2) (exchequer grants and expenses of the Secretary of State);
  2. (b) The Criminal Justice (Scotland) Act 1963: sections 21 and 22 (directions as to management of approved schools and constitution of managers).

(2) Until such time as the Secretary of State makes a direction under sub-paragraph (1) of this paragraph in respect of an establishment the payments made by a local authority under this Act in respect of the expenses of carrying the Secretary of State shall from time to time prescribe.

(3) Until such time as aforesaid any contribution or sums received by a local authority by virtue of any order or decree made under Part VI of this Act, or deemed to be so made, in respect of a child, in an establishment shall be paid to the Secretary of State, but subject to such deductions in respect of the services rendered by the authority as may be prescribed.

Contributions in respect of children taken into care

3. After the commencement of Part II of this Act and until the commencement of Part VI thereof, Part III of the Children Act 1948 shall have the like effect in relation to children taken into care under section 15 of this Act as it had in relation to children taken into care under section 1 of that Act.

Approved school orders, fit person orders and supervision orders

4.—(1) This paragraph applies to children who immediately before the commencement of Part III of this Act were in any of the following classes, that is to say children who are—

  1. (a) subject to an approved school order,
  2. (b) committed to the care of a fit person under an order of a court,
  3. (c) under a supervision order,
  4. (d) subject to an order of committal to custody in a remand home.

(2) Subject to the next following sub-paragraph, a child to whom this paragraph applies shall, on the coming into operation of the said Part III, continue to be subject to any such order as aforesaid, and any provision of any enactment applying to the operation of the order and the treatment of the child shall, notwithstanding the repeal or exclusion by this Act of any such provision, continue so to apply.

(3) It shall be the duty of such local authorities as may be prescribed by the Secretary of State, by such date, and in such circumstances and in such cases as may be so prescribed to arrange for children to whom this paragraph applies to be brought before a children's hearing for the consideration and disposal of their cases under Part III of this Act, and on the disposal of a case the order relating to the child shall cease to have effect.

(4) The provisions of the last foregoing subparagraph shall apply in the case of a child over the age of sixteen years who has not attained the age of eighteen years, but where a child has attained the age of eighteen years, on such date as the Secretary of State may prescribe, the order relating to the child shall cease to have effect.

Jurisdiction of courts

5.—(1) Subject to the next following subparagraph, on the commencement of Part III of this Act, for the purpose of continuing the jurisdiction of courts in respect of children and young persons who before the said commencement have been charged with an offence, and in respect of children and young persons whose cases have been disposed of but where the courts have continuing functions at the time of that commencement arising from the form of disposal, the provisions of any enactment relating to those courts and cases in them shall, notwithstanding the repeal or exclusion by this Act of any such provisions, continue to have effect in relation to those courts and to those cases.

(2) In the case of a juvenile court constituted under the section 51 of the Children and Young Persons (Scotland) Act 1937, the provisions of the foregoing sub-paragraph shall apply until such time as the Secretary of State otherwise directs, and on any such direction being made any question arising from the imposition of an order of such a court shall be dealt with by the sheriff having jurisdiction in the former area of that court as if the order had been made by him.

6. On the coming into operation of the said Part III the jurisdiction of a juvenile court in relation to the care and protection of children shall cease, and any case of a child under the age of sixteen years which was before the court under that jurisdiction immediately before the said commencement shall stand referred to the reporter of the local authority in whose area the child is ordinarily resident, or, where his ordinary residence is not known or is furth of Scotland, to the reporter of the local authority in whose area the circumstances arose which brought his case before the court.

Remand Home Grant

7. Until such time as the Secretary of State may direct, section 107(a)(iii) of the Children and Young Persons (Scotland) Act 1937 shall continue to have effect.

Probation Grant

8. Until such time as the Secretary of State may by order direct, section 75(3)(a) and (b), (4) and (5) of the Criminal Justice (Scotland) Act 1949 shall continue to have effect.

Interpretation

9. In this Schedule the following expressions have the meanings assigned to them— approved school" means a school approved under section 83 of the Children and Young Persons (Scotland) Act 1947. approved school order" has the meaning assigned to it by section 110(1) of the said Act of 1937. remand home" has the meaning assigned to it by section 78(1) of the Criminal Justice (Scotland) Act 1949. supervision order" has the meaning assigned to it by section 72 of the said Act of 1949.

Schedule 7, page 68, line 2, leave out from "proviso" to "Part II" in line 4 and insert "after the word '1948' there shall be inserted the word or'."

Schedule 7, page 68, line 8, leave out from "and" to "Part II" in line 10 and insert "after the word '1948' there shall be inserted the word or'."

Schedule 7, page 68, line 12, leave out from "90(6)" to "Part II" in line 14 and insert "after the word 1948' there shall be inserted the word or'."

Schedule 7, page 68, line 24, at end insert—

".—(1) In section 87(1), for the words from "to an approved school" to the end of the subsection there shall be substituted the words "to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be deal with and shall he subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order sending him to the school in England or Northern Ireland were an order for committal for residential training made under section 58A of this Act made upon the same date, and as if the order were authority for his detention for a period not exceeding the period for which he might be detained under the approved school order or, as the case may be, the training school order made in respect of him.

(2) In section 87(2) to (4), any reference to an approved school in Scotland shall to construed as a reference to a place in respect of which the Secretary of State has made, or may make, a direction under subsection (1).

(3) In section 87(3), the words from approved school as' to the end of the sub section shall be omitted, and there shall be substituted the words to such place in Scotland as the Secretary of State may direct for the purposes of undergoing residential training, and after his transfer to that place may be dealt with and shall be subject to the provisions of this Act and of the Criminal Justice (Scotland) Act 1963 as if the order were an order for committal for residential training made under section 58A of this Act made upon the same date'.".

Schedule 7, page 68,line 25, leave out "For section 101(2) there shall be substituted" and insert "After section 101(2) them shall be inserted".

Schedule 7, page 68, line 27, leave out "(2)" and insert "(2A)".

Schedule 7, page 68, line 29, at end insert—

".—(1) In section 103(1), for the words whether charged with an offence 07 not' there shall be substituted the words charged with an offence',

(2) After subsection (1), there shall be added the following subsection— '(1A) The court in making any inquiry in pursuance of the last foregoing subsection shall have regard to the application of the provisions of section 30(1) of the Social. Work (Scotland) Act 1968 but an older or judgment of the court shall not be invalidated by any subsequent proof that the court was not informed that at the material time the person was subject to a supervision requirement or that his case had been referred to a children's hearing under Part V of that Act'.

(3) After subsection (4), there shall be added the following subsection— '(5) In subsections (1) and (2) of this section, references to a child or young person charged with an offence shall be construed as references to a child within the meaning of section 30(1) of the Social Work (Scotland) Act 1968'.".

Page 69, line 7, leave out "Part I" and insert "section 1(4)".

Page 69, line 7, line 10, leave out section 1(4) of that Act "and insert" that section".

Page 69, line 7, line 14, at end insert— . In section 32(1), at the end there shall be inserted the words', and in this subsection any reference to another local authority includes a reference to a local authority in Scotland'.".

Page 69, line 7, line 15, leave out paragraph 12.

Page 69, line 7, line 27, leave out paragraph 14.

Page 69, line 7, line 36, leave out paragraph 16 and insert—

"16.—(1) In section 1(4), after the words 'Secretary of State', there shall be inserted the words ' and in this subsection any reference to another local authority includes a reference to a local authority in Scotland'.

(2) In subsection (5), after the words 'probation order', there shall be inserted the words 'or supervision requirement', and after the words 1937', there shall be inserted the words or Part II of the Social Work (Scotland) Act 1968'.".

Page 69, line 7, line 40, at end insert— . In section 13(1), at the end, there shall be inserted the words and arrangements may be made under this subsection for boarding out a child in Scotland, or for maintaining him in a residential establishment provided, or the provision of which is secured, or which is registered, under Part IV of the Social Work (Scotland) Act 1968'.".

page 70, line 13, leave out "in rules made by the Secretary of State" and insert by Act of Adjournal".

page 71, line 4, after "authority insert" for the words other than a juvenile court' there shall be substituted the words 'other than a court whose procedure is regulated by rules made under section 52(2) of the Children and Young Persons (Scotland) Act 19371".

Page 69, line 7, line 19, leave out subparagraph (2) and insert—

"(2) For subsections (3) and (4), there shall be substituted the following subsections—

'(3) Where any person is committed to a local authority or to a remand centre under any provision of this Act that authority or centre shall be specified in the warrant, and he shall be detained by the authority or in the centre for the period for which he is committed or until he is liberated in due course of law,

(4) Where any person has been committed to a local authority under any provision of this Act, the court by which he was committed, if the person so committed is not less than fourteen years of age and it appears to the court that he is unruly or depraved, may revoke the commitment and commit the said person—

  1. (a) if the court has been notified that a remand centre is available for the reception from that court of persons of his class or description, to a remand centre; and
  2. (b) if the court has not been so notified, to a prison'.".

Page 69, line 7, line 23, leave out from "person", to second "the" in line 24 and insert "under sixteen years of age who has been committed to prison or to a remand centre under this section".

Page 69, line 7, line 25, after "prison" insert "or a remand centre".

Page 69, line 7, line 34, leave out "definition—" and insert "definitions—'local authority' has the same meaning as in the Social Work (Scotland) Act 1968'.".

page 72, line 7, at end insert— In section 8(1), after the words the Children Act 1948' there shall he inserted the words' or section 82 of the Social Work (Scotland) Act 1968'.".

Page 69, line 7, line 8. after "29", in-Bert"(1)".

Page 69, line 7, line 8, leave out from (1)," to "for" in line 10 and insert "after paragraph (a) there shall be inserted the following paragraph—(aa)".

Page 69, line 7, line 14, at end insert— (2) In subsection (2) after the words 'forty-three', there shall be inserted the words 'or the said section 81'.

In section 16(2)(b), after sub-paragraph (v) there shall be inserted the following sub-paragraph— '(vi) a contribution order under section 81 of, or a decree or an order made under section 82 of, the Social Work (Scotland) Act 1968'.".

Page 69, line 7, line 16, leave out paragraph 30 and insert— Any reference to the Children and Young Persons (Scotland) Act 1937, however expressed, or to any provision of that Act shall be omitted.

Valuation and Rating (Scotland) Act 1956

32.—(1) In section 8(1) in paragraph (b), after the word 'authority', there shall be inserted the words 'or to a local authority'.

(2) For paragraph (c), there shall be substituted the following paragraph— '(c) of any structure belonging to a local authority or voluntary organisation being a local authority or a voluntary organisation within the meaning of the Social Work (Scotland) Act 1968 and supplied in pursuance of arrangements made under the Social Work (Scotland) Act 1968 for the use of any persons who are blind, deaf and dumb or who suffer from mental disorder of any description and ether persons who are substantially and permanently handicapped by illness, injury or congenital deformity or such other disabilities as may be prescribed by the Secretary of State under that Act' ".

page 72, line 31, after "1968", insert "and for the words 'that section' there shall be substituted the words 'the said section 1 or as the case may be, the said section 15'".

page 73, line 2, leave out "section 5(3)" and insert "or by virtue of sections 5,".

Page 69, line 7, line 2, leave out "and 60" and insert "60 and 61".

Page 69, line 7, line 11, leave out "section" and insert "subsection".

Page 69, line 7, line 24, leave out from "6(b) to "the" in line 25 and insert "after the word '1937' there shall be inserted".

Page 69, line 7, line 30, leave out "15" and insert "16".

Page 69, line 7, line 37, leave out "for" and insert "in".

page 74, line 17, leave out "(e)".

Page 69, line 7, line 19, leave out from "7(1)" to end of line 24 and insert "after the words 'shall include', there shall be inserted the words the ascertainment of mental deficiency in any person not of school age within the meaning of the Education (Scotland) Act 1962'.

(1A) In relation to the aforesaid persons the purpose for which arrangements are authorised or required to be made by a local authority under the said section 27(1) as read with section 1(4) of the Social Work (Scotland) Act 1968 shall include the following, that is to say—"; and paragraph (e) shall be omitted".

(2) In subsection (2) for '(1)' where secondly occurring there shall be substituted the word '(1A)'".

Page 69, line 7, line 26, at end insert or

Page 69, line 7, line 39, at end insert— In section 57(3)(b), after the word 'child', there shall be inserted the words under sixteen years of age'".

Page 69, line 7, line 40, after 59(1)", insert "for the word 'home' there shall be substituted the words 'residential establishment', and".

page 75, line 5, leave out first "(1)".

Page 69, line 7, leave out lines 6 to 9.

Page 69, line 7, line 20, leave out "(2)".

Page 69, line 7, line 21, leave out "definitions" and insert "definition".

Page 69, line 7, leave out lines 24 and 25.

Page 69, line 7, line 26, leave out from "111," to "the" in line 27 and insert "after the definition of 'hospital order' there shall be inserted".

Page 69, line 7, line 29, at end insert—

"Health Visiting and Social Work (Training) Act 1962

In section 3(5), after '1948', insert 'or under any re-enactment of any of the provisions of the said Parts of the said Acts of 1947 and 1948 contained in Part II of the Social Work (Scotland) Act 1968.'".

Page 76, line 3, leave out from first "of" to end of line 4 and insert "an establishment or residential establishment within the meaning of the Social Work (Scotland) Act 1968 and the certificated teachers employed therein in the provision of primary, secondary or further education'.".

Page 76, line 3, line 14, at end insert— (b) in definition 42. for the words from 'not include' to the end of the definition there shall be substituted the words an establishment or residential establishment within the meaning of the Social Work (Scotland) Act 1968'".

Page 76, line 3, line 19, leave out paragraph 60 and insert— 60. In section 55, the words from 'section 88(5)' to 'Scottish Act' shall be omitted and after '1948' there shall be inserted the words or section 23 of the Social Work (Scotland) Act 1968'".

Page 76, line 3, line 22, at beginning, insert— (1) In section 57(2), any reference to a juvenile court shall, in relation to Scotland, be construed as a reference to the sheriff sitting summarily in respect of an offence by a child.

Page 76, line 3, line 30, at end insert— In section 29, for the words 'approved school' there shall be substituted the words detained in any place under an order made by virtue of section 57 or 58A of the Children and Young Persons (Scotland) Act 1937'".

Page 76, line 3, line 40, leave out subparagraphs (1) and (2) and insert— .—(1) In section 11(1), in paragraph (a), after the word 'authorised' there shall be inserted the words, 'or, as the case may be, his or her residence in a residential establishment is required' after paragraph (a)(ii) there shall be inserted the following head— 'or

and after the words 'the school', there shall be inserted the words 'or, as the case may be, the residential establishment', and in paragraph (b), for the words the said Act of 1937' there shall he substituted the words the Children and Young Persons (Scotland) Act 1937' and after paragraph (b) there shall be inserted the following paragraph— '(bb) during which the child is liable to undergo residential training under committal by virtue of section 58A of the said Act of 1937 and is not released under that section;', and after paragraph (c) there shall be added the following paragraph— (cc) during which the child is accommodated by virtue of rules made by the Secretary of State under section 45 of the Social Work (Scotland) Act 1968'.".

Schedule 8, page 77, line 21, column 3, at beginning insert—

"In section 21(2), the words from 'may take' to the end of the subsection."
Schedule 8, page 77, line 23, column 3, at end insert "and in subsection (2), the words or taken to a place of safety' and the words 'or the person by whom he is taken to the place of safety, as the case may be'.

In section 47(1) the words 'until he can be brought before a juvenile court' wherever occurring'.

Schedule 8, page 77, line 35, at end insert "and in subsection (4), the words 'under this section, or'".

Schedule 8, page 77, leave out line 41.

Schedule 8, page 77, line 42, leave out "98" and insert "86 Sections 88 to 98".

Schedule 8, page 77, leave out lines 44 to 48.

Page 78, leave out lines 21 to 23.

Page 78, 23.

Page 78, line 28, at end insert "Section 26(1) and (5)".

Page 78, leave out lines 44 and 45.

Schedule 8, page 77, page 79, line 41, column 3, at end insert", so far as relating to the modification of the Children and Young Persons (Scotland) Act 1937".

Schedule 8, page 77, line 42, at end insert—

"15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. The Prisons (Scotland) Act 1952. Section 18(1) to (3A).
In section 32, in subsection (3), the words 'who is not less than seventeen years of age', and subsection (4)."

Schedule 8, page 77, line 53, column 3, at end insert "and section 12(3)".

Schedule 8, page 77, line 53, at end insert—

"6 & 7 Eliz. 2. c. 65. The Children Act 1958. Section 1. Section 2(6) and (7)."

Schedule 8, page 77, page 80, line 3, column 3, at beginning insert "Section 4(3)(b)".

Schedule 8, page 77, line 29, at end insert "and in the definition of' place of safety' the word 'or young person' first occurring".

Schedule 8, page 77, line 31, at end insert "for persons suffering from mental disorder".

Schedule 8, page 77, leave out lines 37 to 39.

Schedule 8, page 77, leave out line 42 and insert "Section 58".

Schedule 8, page 77, leave out lines 51 and 52.

Schedule 8, page 77, line 52, at end insert—

"1968. c. The Health Services and Public Health Act 1968. Section (Home help and laundry facilities.
Section (Extension of power, under the National Assistance Act 1948, of local authority to provide accommodation elsewhere than in premises managed by them of another authority).
Section (Promotion, by local authorities, of the welfare of old people)."

Schedule 8, page 77, page 81, column 3, leave out lines 49 and 50 and insert— In section 11, subsection (1)(a)(ii), in subsection (1)(c), the words 'or an order under section 73(2) of the said Act of 1937', and in subsection (2), the words 'or the said Act of 1937'".

11.7 p.m.

LORD HUGHES

My Lords, with the leave of the House I beg to move that this House doth agree with the Commons in the said Amendments (Nos. 97 to 314).

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

LORD DRUMALBYN

My Lords, that is quite a "mouthful", but I raise no objection.

On Question, Motion agreed to.

House adjourned at eight minutes past eleven o'clock.