HL Deb 05 November 1975 vol 365 cc1355-68

[Nos. 307 and 308]

Schedule 3, page 66, line 42, at end insert&—

("Housing Act 1974 (c. 44)

61. In section 129(4) for the words "any illegitimate son or daughter and any adopted

("PART I
STATUS OF ADOPTED CHILD
Chapter Short Title Extent of Repeal
16 & 17 Geo. 5. c. 29. Adoption of Children Act 1926. The whole Act so far as unrepealed.
3 & 4 Geo. 6. c. 42. Law Reform (Miscellaneous (Provisions) (Scotland) Act 1940 Section 2(1) and (3).
11 & 12 Geo. 6. c. 43. Children Act 1948. In section 59(1), in the definition of "parent", paragraph (a).
11 & 12 Geo. 6. c. 53. Nurseries and Child-Minders Regulation Act 1948. In section 13(2), in the definition of "relative" (as inserted by section 13 of the Adoption of Children Act 1949), paragraph (a).
12 & 13 Geo. 6. c. 76. Marriage Act 1949. In section 68(3), the words from "includes" to "but".
12, 13 & 14 Geo. 6. c. 98. Adoption of Children Act 1949. Section 13(l)(a).
14 & 15 Geo. 6. c.11. Administration of Justice (Pensions) Act 1950. Section 26(2).
1 & 2 Eliz. 2. c. 20. Births and Deaths Registration Act 1953. In section 41, in the definition of "relative" the words from "and in relation to" to the end.
3 & 4 Eliz. 2. c. 18. Army Act 1955. In section 150(5), in the paragraph relating to a child of a person, the words "or adopted" and the words from "and in this paragraph" to the end of the paragraph.
3 & 4 Eliz. 2. c. 19. Air Force Act 1955. In section 15(5), in the paragraph relating to a child of a person, the words "or adopted" and the words from "and in this paragraph" to the end of the paragraph.
4 & 5 Eliz. 2. c. 69. Sexual Offences Act 1956. In section 28(4), in paragraph (a) the words from "has been adopted" to "a girl who" and the words "(and has not been so adopted)".
4 & 5 Eliz. 2. c.70. Marriage (Scotland) Act 1956. In section 1(5), paragraph (a) and the words "or adoptive parent" in paragraph (b).
6 & 7 Eliz. 2. c. 65. Children Act 1958. In section 17, the definition of "parent".
6 & 7 Eliz. 2. c. 40. Matrimonial Proceedings (Children) Act 1958. In section 7(1)(b), the words "or an adopted".
Section 7(3).
7 & 8 Eliz. 2. c 5. Adoption Act 1958. Sections 13 and 14.
Sections 15(1), (2) and (3).
Sections 16 and 17.
Section 18(1).
Section 25.
In section 52(1) the words "(whether in law or in fact)".
In section 57(1), in the definition of "relative" paragraph (a.)
Section 58(2) and (3).
In Schedule 5 paragraphs 1 to 4.
7 & 8 Eliz. 2. c. 65. Fatal Accidents Act 1959. In section 1, subsection (2)(a) and sub-section (3).
7 &8 Eliz. 2. c. 72. Mental Health Act 1959. In section 49, in subsection (2) the words from "an adopted person" to "as aforesaid", and subsection (5).
8 & 9 Eliz. 2. c. 48. Matrimonial Proceedings (Magistrates Courts) Act 1960. In section 16(1), the words "or adopted" and "but does not include a child adopted by some other person or persons", and the words from "and adopted" to the end.

son or daughter" there are substituted the words "and any illegitimate son or daughter".")

Schedule 4, page 67, leave out from beginning of line 3 to end of Schedule and insert&—

Chapter Short Title Extent of Repeal
8 & amp; 9 Eliz. 2. c. 59. Adoption Act 1960. Section 1(2).
8 & 9 Eliz. 2. c. 61. Mental Health (Scotland) Act 1960. In section 45, in subsection (2) the words from "adopted person" to "person; and"; and subsection (5).
1964 c. 57. Adoption Act 1964. Section 1(1), (2) and (4).
1965 c. 49. Registration of Births, Deaths and Marriages Scotland Act 1965. In section 56(1), in the definition of "relative" the words from "and in relation to" to the end.
1965 c. 53. Family Allowances Act 1965. Section 17(4).
1967 c. 29. Housing Subsidies Act 1967. In section 24(3)(c), the word "adopted".
1967 c. 81. Companies Act 1967. In section 30(2), the words "and adopted son" and "and adopted daughter".
In section 31(5), the words "and adopted son" and "and adopted daughter".
1967 c. 88. Leasehold Reform Act 1967. In section 7(7), the words "and any adopted son or daughter".
In section 18(3), the words "and any adopted son or daughter".
1968 c. 49. Social Work (Scotland) Act 1968. In section 94(1), in the definition of "parent", paragraph (a).
1968 c. 53. Adoption Act 1968. Section 4(1) and (2)
Section 10(2) and (3).
1968 c. 71. Race Relations Act 1968. In section 7(4) the words "and any adopted son or daughter".
1971 c. 56. Pensions (Increase) Act 1971. In section 3(7), the words from "and includes" to the end.
1973 c. 16. Education Act 1973. In section 3(5), the words from "and a Child" to the end.
1973 c. 18. Matrimonial Causes Act 1973. In section 52(1), the definition of "adopted" and, in the definition of "child", the words or "adopted".
1973 c. 45. Domicile and Matrimonial Proceedings Act 1973. In section 4(5), the words from "and in its Application" to the end.
1975 c. 14. Social Security Act 1975. In section 32(3)(c), the words "the same relationship by adoption and to include also"
In section 71(6), the words "and a parent by adoption".
In section 161(2), the words "a son or daughter by adoption and".
In Schedule 20, in the definition of "relative" the words "or adoption".
1975 c. 61. Child Benefit Act 1975. Section 24(3)(c.)
The repeals of sections 16 and 17 of the 1958 Act, and of provisions containing references to those sections, have effect subject to paragraph 4(2) of Schedule 1, and the other repeals in this Part have effect as respect things done, or events occurring after 31st December 1975.
PARE II
LEGITIMATION
Chapter Short Title Extent of Repeal
16&17Geo. 5.c. 60. Legitimacy Act 1926. Section 1(3).
Sections 3 to 5.
In section 8(2), the words from "and to the taking" to "of a legitimated person".
In section 11, the definitions of "disposition", "intestate" and "entailed interest".
1969 c. 46. Family Law Reform Act 1969. Section 14(8).
Section 15(4) and (6).
These repeals have effect subject to paragraph 11(8) of Schedule 1.
PART III
MISCELLANEOUS
Chapter Short Title Extent of Repeal
23 & 25 Geo. 5.c. 12. Children and Young Persons Act 1933. In section 1, in subsection (l)(a), the words "not exceeding one hundred pounds", and in subsection (5), the words from "the maximum" to "pounds, and".
1937 c 37. Children and Young Persons (Scotland) Act 1937. In section 12, in subsection (l)(a), the words "not exceeding one hundred pound", and in subsection (5)(o) the words from "the maximum" to "pounds, and".
7 & 8 Eliz. 2. c 5. Adoption Act 1958. In section 4(2), the words from "(either" to "brought up)".
Section 7(1)(b) and (2).
In section 20(4), the words from "pursuant to" to "in force".
Section 21(3).
Section 49.
In section 57(1) the definition of "infant".
Schedules 1 and 2.
1963 c. 37. Children and Young Persons Act 1963. Sections 49 and 54.
1965 c. 49. Registration of Births, Deaths and Marriages (Scotland) Act 1965 Section 54(l)(d).
1968 c. 22. Legitimation (Scotland) Act 1968. In section 6(3), the words "or to subsection (1) of that section".
1968 c. 53. Adoption Act 1968. Sections 1 to 3.
In section 9(5), the words "or adoption".
In section 11(1), the definitions of "qualified Infant", "qualified person" and "qualified spouses".
In section 12(1), the words "or under Part I of the Act of 1958 in its application to adoption orders and proposed adoption orders", the words "or the said Part I" in both places where they occur and the words from "and the rules" to the end.
In section 14(3), the words from "except the" to "1958 and".
1969 c. 54. Children and Young Persons Act 1969. Section 27(2).
1973 c. 29. Guardianship Act 1973. Section 3(5).
These repeals take effect on 1st January 1976.
PART IV
ADOPTION ORDERS
Chapter Short Title Extent of Repeal
7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Sections 1 and 2.
Sections 4 and 5.
Section 7(l)(a) and (c) and (3).
Section 9(l) and (5).
Section 10.
Section 11(1) and (3).
Section 12.
Section 21(2).
1966 c. 19. Law Reform (Miscellaneous Provisions) (Scotland) Act 1966. Section 4.
1971 c. 3. Guardianship of Minors Act 1971. Section 16(2).
These repeals take effect on the date section 7(1) comes into force.
PART V
CHILDREN IN CARE OF LOCAL AUTHORITES
Chapter Short Title Extent of Repeal
10 & 11 Geo. 6. c.43. Children Act 1948. Section 3(1) and (2).
7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 15(4) and (5).
7 & 8 Eliz. 2. c. 72. Mental Health Act 1959. In Schedule 7, the entry relating to the Children Act 1948.
1963 c. 37. Children and Young Persons Act 1963. Section 48.
1968 c. 49. Social Work (Scotland) Act 1968. Section 17(1) and (2).
In section 18(4) the words " but where on such an application the court appoints a guardian the resolution shall cease to have effect".
1971 c.3. Guardianship of Minors Act 1971. In section 5(2) the words from "but where "to the end.
These repeals take effect on the date sections 50 and 58 come into force.
PART VI
REGISTRATION OF BIRTHS
Chapter Short Title Extent of Repeal
1953 c. 20. Births and Deaths Registration Act 1953. In section 3, the words "and of any person in whose charge the child may be placed" and the proviso.
In section 6, the words "or finding" and in that section and in section 7 the words "or from the date when any living new-born child is found exposed".
In section 8, the words "or, in the case of a living new-born child found exposed, from the date of the finding".
In section 36(a), the words "or any living new-born child".
1969 c. 46. Family Law Reform Act 1969. Section 27(2), (3), (4) and (5).
These repeals take effect on the date section 65 comes into force.
PART VII
ADOPTION AGENCIES
Chapter Short Title Extent of Repeal
7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 28(2).
Sections 30 and 31.
In section 32(3) the words from "children" to the end.
In selection 57(1) the definitions of "charitable association" and "registered adoption society".
Schedule 3.
1970 c. 42 Local Authority Social Services Act 1970. In column 2 of Schedule 1, the words "Making etc. arrangements for the adoption of children; regulation of adoption societies.".
These repeals take effect on the date section 3 comes into force.
PART VIII
GUARDIANS AD LITEM ETC. IN ADOPTION CASES
Chapter Short Title Extent of Repeal
7 & 8 Eliz. 2. c.5. Adoption Act 1958. Section 6.
Section 9(7) and (8).
Section 11(4) and (5).
These repeals take effect on the date section 19 comes into force.
PART IX
INQUIRIES ETC. BY ADOPTION AGENCIES
Chapter Short Title Extent of Repeal
7 & 8 Eliz. 2. c. 5. Adoption Act 1958. Section 3.
Section 8.
Section 53.
In section 57 (1), the defintion of "Compulsory School age."
These repeals take effect on the date section 17 comes into force.
PART X
GRANTS ETC. FOR VOLUNTARY ORGANISATIONS
Chapter Short Title Extent of Repeal
10 & 11 Geo. 6.C.43. Children Act 1948 Section 45(2).
Section 65(2).)
1969 c. 54 Children and Young Persons Act 1969. Section 65(2).
These repeals take effect on the date paragraphs 36 and 37 of Schedule 3 come into force
PART XI
PROTECTED CHILDREN
Chapter Short Title Extent of Repeal
7 & 8 Eliz. 2. c. 5. Adoption Act 1958. In section 37(1), paragraph (a), the words "of the person first mentioned in paragraph (a) of this subsection or, as the case may be," and the words "but is foster child within the meaning of Part I of the Children Act 1958".
Section 37(2) and (5).
Section 40(1), (2) and (3).
Sections 41 and 42.
In section 43(1), the words from "or in contravention" to "of this Act".
These repeals take effect on the date paragraph 24(A) of Schedule 3 comes into force.
PART XII
CUSTODIANSHIP
Chapter Short Title Extent of Repeal
1973 c. 29. Guardianship Act 1973. In section 2, in subsection (2)(b), the words "or to any other individual" and in subsection (4)(b) the words "or to any person given the custody of the minor".
In section 3(3), the words from "or (before" to "section 9(1) of that Act" and the words from "and section 16(5)" to the end.
These repeals take effect on the date section 30 comes into force.")
Lord WINTERBOTTOM

My Lords, we have now reached the last two Amendments. They relate to Schedules 3 and 4. Amendment No. 308 lists various repeals which are made by the Bill which we have been discussing, and I beg to move them formally as the last act of our deliberations today. May I thank noble Lords, and particularly noble Baronesses, for being so understanding in bearing with me as I have clung to my brief as a drowning man to his lifebelt. But I hope that between us we have been able to have a useful discussion on this very valuable Bill.

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

Lord ELTON

My Lords, notwithstanding the anxiety of the noble Lord, Lord Strabolgi, to move the Adjournment, I should like to take this opportunity on behalf of my noble friends to record our thanks. We all admired the tremendous contribution which my noble friend Lady Young made to this Bill until a very late stage, with a mixture of intellectual grasp and human compassion, which is ideal for the job in hand, from which she was unfortunately taken to take part in the proceedings on another Bill. Other noble and learned Lords have been of great assistance. Your Lordships should take note that the only noble Lord on either Front Bench who has been here continuously from start to finish of this exercise has been my noble friend Lord Sandys, whose persistent and lucid contributions have had a great effect upon the Bill. The Bill is indeed a noble edifice and reflects credit on this House, and on the other place, if I may say it without being deemed to be in any way patronising, where there were many instances of inter-Party co-operation and compromise which were edifying to all of us. I think I might add my thanks to the noble Lord, Lord Wells-Pestell, and his team of advisers who have been extremely helpful to us on this side; and our congratulations to the noble Lord. Lord Winterbottom, who has come through a very testing time unshaken and without having created any animosity against himself as a result. My Lords, I beg to support the two Amendments.

Baroness MASHAM of ILTON

My Lords, may I take this opportunity of thanking the noble Lord, Lord Winterbottom, for explaining so well tonight the difficult clauses. I would also add that I hope this legislation will help many children. Whatever legislation is passed, I still do not think it will be any good without the help of the community in safeguarding children at risk.

Lord STRABOLGI

My Lords, may I assure the noble Lord, Lord Elton, that I did not wish to movethe adjournment of the House a moment sooner than was absolutely necessary for your Lordships to complete this very important Bill and that I have listened to your Lordships' deliberations with the greatest of interest.