HL Deb 05 November 1975 vol 365 cc1316-7

[Nos. 174A–179]

Clause 60, page 40, line 15, leave out ("and any future enactment").

Page 40, line 40, at end insert— ("(5A) Subsections (4) and (5) apply in relation to the dissolution of a body corporate as they apply in relation to the death of an individual.")

Clause 61, page 41, line 1, leave out ("and any future enactment").

Clause 62, page 41, line 16, leave out ("and any future enactment").

After Clause 63—

Amendment of Interpretation Act 1889

(" .—(1) In the Interpretation Act 1889 after section 19 there is inserted the following section—

"Meaning of expressions relating to children 19A. In any Act passed after the Children Act 1975, unless the contrary intention appears—

  1. (a) the expression "the parental rights and duties",
  2. (b) the expression "legal custody" (as respects a child), and
  3. (c) references to the person with whom a child has his home,
shall be construed in accordance with Part IV of the Children Act 1975.

(2) This section does not extend to Scotland or Northern Ireland.".")

Clause 64, leave out Clause 64.

Lord WINTERBOTTOM

My Lords, with the leave of the House, I should like to take en bloc the Amendments to Clauses 60 to 64 of the Bill which were accepted in another place; that is, Amendments Nos. 174A, 175, 176, 177, 178 and 179. Amendment No. 175 is consequential on the other Amendments already moved to the Bill enabling voluntary organisations which are incorporated bodies to hold parental rights and duties. Amendment No. 179 leaves out Clause 64. When the Bill was introduced, it was thought that it would prove helpful to provide a definition of the term "child" which would apply to legislation generally and to replace the term "minor" where it is used in existing legislation. On further reflection, the Government have concluded that there are more disadvantages than advantages in this approach, the main disadvantage being that a general interpretation provision tucked away in legislation with a limited purpose might lead to confusion.

Much the same reasoning lies behind the Amendments to Clauses 60, 61 and 62, which delete from the Bill references to "any future enactment". These Amendments are consequential to the new clause proposed by Amendment No. 178, which inserts into the Interpretation Act 1889 references to the definitions contained in Clauses 60, 61 and 62. These provisions have the support of the Law Society and the Association of British Adoption Agencies. Their purpose is to make readily accessible the definitions of the commonly used legal concepts which are now embodied in the Bill, while at the same time avoiding the need for their repetition whenever the terms are used in future legislation.

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