HL Deb 05 November 1975 vol 365 cc1327-9

[Nos. 190–201]

Clause 68, page 44, line 29, leave out from ("court") to ("rules") in line 31 and insert ("prescribed by".)

Clause 68, page 44, line 33, leave out first ("the") and insert ("a".)

Clause 68, page 44, line 35, leave out ("any") and insert ("a")

Clause 68, page 44, line 29 leave out line 40 and insert— ("(b) the Sheriff court of the Sheriffdom within which the child is").

Page 45, line 8, at beginning insert ("(b)".)

Page 45, line 9, at end insert— (" (5A) In the case of an order under section (Adoption of Children abroad), paragraph (d) of subsection (2) does not apply".)

Page 45, line 10, leave out ("does not apply") and insert ("applies".)

Page 45, line 12, leave out ("but") and insert ("whether or not the child is in England or Wales and".)

Page 45, line 13, after ("are") insert ("also".)

Page 45, line 14, at end insert ("and where that court is a magistrates' court, any other magistrates' court acting for the same petty session area;".)

Page 45, line 15, leave out paragraph (b) and insert— ("(b) the county court within whose district the applicant is; (bb) a magistrates' court within whose area the applicant is;".)

Page 45, line 22, at end add—

("(6A) Subsection (2) does not apply in the case of an application under section (Return of child taken away in breach of sections 34 or 34A of 1958 Act) or (Return of child taken away in breach of section 37) but for the purposes of such an application the following are authorised courts—

  1. (a) if there is pending in respect of the child an application for an adoption order or an order under section 13 or a custodianship order, the court in which that application is pending;
  2. (b) in any other case, the High Court, the county court within whose district the applicant lives and the magistrates' court within whose area the applicant lives.

(6B) Subsections (3) and (6A) do not apply in the case of an application under section (Return of child taken in breach of sections 34 or 34A of 1958 Act); in Scotland but for the purposes of such an application the following are authorised courts—

  1. (a) if there is pending in respect of the child an application for—
    1. (i) an adoption order; or
    2. (ii) an order under section 13,
  2. (b) in any other case—
    1. (i) the Court of Session;
    2. (ii) the sheriff court of the sheriffdom within which the applicant resides".)

Lord WINTERBOTTTOM

My Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos. 190 to 201, which I should like to take en bloc. While doing so, I should like to speak to Amendment No. 205. This is a massive "ad hocery" to which I hope the House will agree. Despite the enormous length, I need say little more about these Amendments. They are all designed to make things easier for the persons who bring proceedings under the new legislation. Thus, the Amendments to subsection (6) of the clause considerably extend the courts to which application can be made for an Order under Clauses 31, 32 or 34 of the Bill.

I might perhaps mention in this connection Amendment No. 205, to Clause 74 of the Bill, which inserts into it a definition of the term "area". This Amendment was carried into the Bill on Report. Its purpose is quite simply to remove ambiguity as to the meaning of the term "area" where it occurs in Clause 68 of the Bill, but I think I should point out to your Lordships that it also meets the objective of Recommendation 65 of the Houghton Committee Report and a point which was made recently by the ABAA. The Committee noted in paragraph 264 of their Report the reluctance of some adopters to apply in the local magistrates' court because they feared that private information about them would be made known locally, albeit in confidence. By defining "area" as the commission area—which, outside Greater London, is the County—an authorised court under the provisions of Clause 68(2)(d) may be any magistrates' court within the commission area and need not be the local magistrates' court. I beg to move.

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