HL Deb 05 November 1975 vol 365 cc1344-9

[Nos. 250 to 285]

Schedule 3, page 56, line 26, at end insert—

("Children and Young Persons Act 1933 (23 and 24 Geo. 5 c. 12)

Al.—In section 1(1)(b), for the words "one hundred pounds" there are substituted the words "£400".'

Children and Young Persons (Scotland) Act 1937 (c. 37)

A2.—In section 12(1)(b) for the words " twenty-five pounds " there is substituted "£400".").

Schedule 3, page 56, line 35, leave out ("£100 ") and insert ("£400")

Schedule 3, page 56, leave out line 37 and insert— ("3. In section 4—

  1. (a) in subsection (3)(a) after the words "parent or guardian" there are inserted the words "or custodian";
  2. (b) for subsection (3)(b) there is substituted")

Schedule 3, page 56, line 41, at end insert— ("3A. In section 43(1), for the words "and the Adoption Act 1968 "there are substituted the words "the Adoption Act 1968 and the Children Act 1975".")

Schedule 3, page 56, page 57, line 18, at end insert— ("Maintenance Orders Act 1950 (c. 37) 6A In section 15. after the words "Maintenance Orders (Reciprocal Enforcement) Act 1972 " there are inserted the words "or sections 30 to 40 of the Children Act 1975". 6B In section 16(2)(a), after sub-paragraph (v) there are insert the following sub-paragraphs—

Schedule 3, page 56, line 23, at end insert— ("and there are added at the end the following words "or proceedings on an information".")

Schedule 3, page 56, line 38, leave out("34(3)") and insert— ("34.—(a) in subsection (2) after paragraph (c) there is added the following paragraph— (d) in relation to the re-registration of a birth under section 9(5) of this Act"; (b) in subsection (3)")

Schedule 3, page 56, line 39, at end insert— ("(6) In section 41—

  1. (a) after the definition of "disposal" there is inserted the following definition—
  2. (b) after the definition of "the Minister" there is inserted the following definition—

Schedule 3, page 56, line 46, at end insert—

("Housing Act 1957 (c. 56)

9A. In Schedule 2, in paragraph 4(7) for the words "any illegitimate son or daughter, and any adopted son or daughter" there are substituted the words " and any illegitimate son or daughter".".)

Page 58, leave out lines 1 to 3.

Page 58, line 3, at end insert—

(" Children Act 1958 (6 & ' 7 Eliz. 2 c. 65)

10A. In section 2, as it applies in England and Wales—

  1. (a) in subsection (1), after the word guardian " there is inserted the word custodian";
  2. (b) in subsection (4A),—
    1. (i) for the words "registered adoption society as is referred to in Part II of the Adoption Act 1958 " there are substituted the words "adoption society approved under Part I of the Children Act 1975", and
    2. (ii) for the words "that Act" there are substituted the words "the Adoption Act 1958".

10B. In section 2 as it applies to Scotland, after subsection (4) there is inserted the following subsection— (4A) A child is not a foster child for the purposes of this Part of this Act while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by such an adoption agency as is referred to in Part I of the Children Act 1975 or while he is a protected child within the meaning of Part IV of the Adoption Act 1958.

10C. In section 6 for the words "obtained their consent" there are substituted the words "obtained their written consent".

10D. In section 14(2), for the words "one hundred pounds" there are substituted the the words "£400".

10E. In section 37(2), for the words "one hundred pounds" there are substituted the words "£400".")

Page 58, line 10, at end insert— (4) For "care and possession" in each place where it occurs there is substituted "actual custody".".

Page 58, line 23, leave out paragraph 14.

Page 58, leave out paragraphs 18 and 19.

Page 58, line 40 leave out from ("section") to end of line 42 and insert— ("32—(a) the following subsections are substituted for subsection (1)— (1) The Secretary of State may by regulations prohibit unincorporated bodies from applying for approval under section 3 of the Children Act 1975 (Approval of adoption societies); and he shall not approve any unincorporated body whose application is contrary to regulations made under this subsection. (1A) The Secretary of State may make regulations for any purpose relating to the exercise of its functions by an approved adoption society.";")

Page 58, line 42, at end insert— (" (b) in subsection (2) for "(1)" there is substituted "(2)" and for the words from "twenty-five pounds to the end of the subsection there are substituted the words "£400". (c) the following subsection is added after subsection (3)—

"(4) Regulations under this section may make different provisions in relation to different cases or classes of cases and may exclude certain cases or classes of cases." ")

page 59, leave out lines 11 and 12 and insert— ("22. In section 35(6) for the word "six" there is substituted the word three" and for the words "one hundred pounds" there are substituted the words "£400.")

page 59, line 13, after ("36") insert ("—(a) in subsection (1)")

page 59, line 15, leave out from first ("and") to end of line 17 and insert— ("(b) for subsection (3), there is substituted the following—

(3) A local authority which receives such notice as aforesaid in respect of achild whom the authority know to be in the care of another local authority shall, not more than seven days after the receipt of the notice, inform that other authority in writing that they have received the notice." ")

page 59, line 18, leave out ("37(1)") and insert ("37— (a) in subsection (1)")

page 59, line 20, at end insert— (b) the following subsections are substituted for subsection (4) — (4) A protected child ceases to be protected child—

  1. (a) on the appointment of a guardian for him under the Guardianship Act 1971;
  2. (b) on the notification to the local authority for the area where the child has his home that the application for an adoption order has been withdrawn;
    3. 1347
  3. (c) on the making of any of the following orders in respect of the child—
    1. (i) an adoption order;
    2. (ii) an order under section 16 of the Children Act 1975;
    3. (iii) a custodianship order;
    4. (iv) an order under section 42, 43 or 44 of the Matrimonial Causes Act 1973; or
  4. (d) on his attaining the age of 18, whichever first occurs.
(4A) In relation to Scotland—
  1. (a) subsection (4) does not apply; and
  2. (b) a protected child ceases to be a protected child when—
    1. (i) the application for an adoption order lapses or is withdrawn;
    2. (ii) the application for an adoption order is granted or otherwise determined;
    3. (iii) an order is made awarding custody of the child;
    4. (iv) an order is made appointing a guardian of the child; or
    5. (v) the child attains the age of 18".")

page 59, line 20, at end insert— 24A. In section 40(6) for the words from the beginning to "that is to say" there are substituted the following words "the particulars referred to in subsection (4) of this section are".") ("24B. In section 44(2), for the word "six" there is substituted the word "three" and for the words "one hundred pounds" there are substituted the words "£400")

page 59, leave out lines 25 and 26 and insert— ("(aa) in subsection (2), for the word "six" there is substituted the word "three" and for the words "one hundred pounds" there are substituted the words "£400".")

page 59, line 28, at end insert— ("25A. In section 51(2), for the words "fifty pounds" there is substituted the word "£400")

page 59, leave out lines 29 and 30 and insert— ("26. In section 52(1)—

  1. (a) for the words "fifty-three of this Act" there are substituted the words "(Adoption of children abroad) of the Children Act 1975", and
  2. (b) for the word "six" there is substituted the word "three" and for the words "one hundred pounds "there are substituted the words "£400".".
26A. In section 55, after the words "this Act" there are inserted the words "or Part I of the Children Act 1975" ")

page 59, line 39, after ("section") insert ("20 or")

page 60, line 8, leave out ("compulsory school age") and insert ("body of persons")

page 60, line 9, leave out ("words") and insert— ("the following definitions— child", except where used to express a relationship, means a person who has not attained the age of 18;" ")

page 60, line 31, leave out ("; and "legal custody" means "custody" ")

page 60, line 37, at end insert—

("Children and Young Persons Act 1963 (c. 37)

30A. In section 49(1), for the words "twenty pounds" there are substituted the words "£100" ")

page 60, leave out lines 38 to 43.

page 61, leave out lines 1 to 17.

line 26, leave out paragraph 34 and insert— ("34. In section 1, the following subsection is substituted for subsection (5) —

34A. In section 3(3) —
  1. (a) for the words "section 5.3 of the said Act of 1958 there are substituted the words" "section (Adoption of children abroad) of the Children Act 1975";
  2. (b) for the words from "the word Provisionally" to the end of the subsection there are substituted the words "the words Proposed Foreign Adoption" or, as the case may require, "Proposed Foreign Re-adoption" followed by the name, in brackets, of the country in which the order was made.")

leave out lines 30 to 32.

Page 62, line 14, leave out ("voluntary") and insert ("community")

Page 63, line 16, at end insert— ("39A. In section 6(1) (b), after subparagraph (ii) there is inserted the following sub-paragraph— (iii) a child who has been placed for adoption by an adoption agency (within the meaning of section 1 of the Children Act 1975);" ")

Lord WINTERBOTTOM

My Lords, while thanking the noble Lord, Lord Elton, for his very constructive attitude, which I can assure him is correct in practice and spirit, I should like to move a very large block of Amendments together. They are Amendments Nos. 250 to 285 in Schedule 3. They are mainly consequential, technical or drafting Amendments and I should like to move them en bloc. I beg to move that this House doth agree with the Commons in their Amendments Nos. 250 to 285 en bloc.

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