COMMONS AMENDMENTS

HL Deb 05 November 1975 vol 365 cc1349-51

[Nos. 286 and 287]

Schedule 3, page 63, line 32, leave out paragraph 41 and insert— ("41. In section 17—

1. (a) in subsection (3), for "section 16" there is substituted "section 16(1)(a)" and after "local authority" there is inserted ", in whom are vested in accordance with the resolution the parental rights and powers in respect of a child,";
2. (b) the following subsection is inserted after subsection (3) —
• "(3A) A resolution under section 16(1)(b) of this Act shall not prevent the voluntary organisation, in whom are vested in accordance with the resolution the parental rights and powers in respect of a child, from allowing, either for a fixed period or until the voluntary organisation otherwise determine, the care of the child to be taken over by, and the child to be under the control of, a parent, guardian, relative or friend in any case where it appears to the voluntary organisation to be for the benefit of the child.";
3. (c) in subsection (4), for "section 16" there is substituted "section 16(1)(a)"
4. (d) in subsection (6), for the words "the said section 16" there is substituted "section 16 of this Act";
5. (e) in subsection (7), after the words "or authority" there are inserted the words "or a voluntary organisation"
6. (f) in subsection (8) —
1. (i) for the words "to whom this section applies" there is substituted ", in respect of whom a resolution under section 16 of this Act is in effect,"; and
2. (ii) for the words "fifty pounds" there is substituted "£400";
7. (g) in subsection (9) —
1. (i) for the words "where a local authority have, in accordance with subsection (3) of this section, allowed" there is substituted—
• "Where—
1. (a) a local authority have, in accordance with subsection (3) of this section; or
2. (b) a voluntary organisation have, in accordance with subsection (3A) of this section,
• allowed";
2. (ii) for the words "fifty pounds" there is substituted "£400".

41A. In section 18—

1. (a) in subsection (2), for " section 16" there is substituted "section 16(1)(a);
2. (b) in subsection (3)—
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1. (i) in paragraph (a), for "paragraph (a)" there is substituted "sub-paragraph (i)";
2. (ii) for paragraph (b) there is substituted "(b) in the case of a resolution passed by virtue of circumstances specified in sub-paragraph (ii), (iii), or (iv) of subsection (1) of the said section 16, by the person who, but for the resolution, would have the parental rights and powers in relation to the child,";
3. (iii) after the words "otherwise direct, the local authority" there are inserted the words ".and any voluntary organisation having parental rights and powers with respect to the child,";
3. (c) in subsection (4), after the words "local authority" there are inserted the words "or voluntary organization".

41 B. In section 32(2)—

1. (a) for paragraphs (b) and (c) there is substituted—
2. "(b) he is falling into bad associations or is exposed to moral danger; or
3. (c) lack of parental care is likely to cause him unnecessary suffering or seriously to impair his health or development; or";
4. (b) in paragraph (d), for the words Children and Young Persons (Scotland) Act 1937"there is substituted "Criminal Procedure (Scotland) Act 1975 ";
5. (c) after paragraph (d) there is inserted—
• "(dd) the child is, or is likely to become, a member of the same household as a person who has committed any of the offences mentioned in Schedule 1 to the Criminal Procedures (Scotland) Act 1975; or".")

page 61, line 38, at end insert— ("42A. In section 49(3) for the words "The sheriff may examine the reporter and" there is substituted— The reporter, whether or not he is conducting the proceedings before the sheriff, may be examined by the sheriff; and the sheriff may examine". 42B. In section 69—

1. (a) in subsection (1), at the end there are added the following words—
• "; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child."
2. (b) for subsection (5) there is substituted—

• "(5) In this and the next following section any reference—
1. (a) to a child absconding includes a reference to his being unlawfully taken away;
2. (b) to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting to be taken to, that place or that person as the case may be."

42C In section 70, at the end there are added the following words—

• "; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises may grant a search warrant authorising a constable to search those premises for the child".

42D In section 71 for the words "one hundred pounds" there is substituted "£400". 42E In section 44(5) after "20", there is inserted "20A.".")

Lord WINTERBOTTOM

My Lords, with the leave of the House I should like to move Amendments Nos. 286 and 287 together. We have already discussed Amendment No. 286 with Amendments Nos. 126 and 129 concerning parental rights; Amendment No. 287 was discussed with Amendment No. 172, retrieval of the child. I beg to move that this House doth agree with the Commons in their Amendments Nos. 286 and 287.

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