§ [Nos. 131 and 131]
§ Clause 54, page 33, line 38, leave out ("section is") and insert ("sections are").
§ Clause 54, page 33, line 40, leave out from beginning to end of line 34 on page 34, and insert—
§ "Conflict of interest between parent and child or young person
§ 32A.—(1) If before or in the course of proceedings in respect of a child or young person—
- (a) in pursuance of section 1 of this Act, or
- (b) on an application under section 15(1) of this Act for the discharge of a relevant supervision order or a supervision order made under section 21(2) of this Act on the discharge of a relevant care order; or
- (c) on an application under section 21(2) of this Act for the discharge of a relevant care order or a care order made under section 15(1) of this Act on the discharge of a relevant supervision order; or
- (d) on an appeal to the Crown Court under section 2(12) of this Act, or
- (e) on an appeal to the Crown Court under section 16(8) of this Act against the dismissal of an application for the discharge of a relevant supervision order or against a care order made under section 15(1) on the discharge of—
- (i) a relevant supervision order; or
- (ii) a supervision order made under section 21(2) on the discharge of a relevant care order; or
- (f) on an appeal to the Crown court under section 21(4) of this Act against the dismissal of an application for the discharge of a relevant care order or against a supervision order made under section 21(2) on the discharge of—
- (i) a relevant care order; or
- (ii) a care order made under section 15(1) on the discharge of a relevant supervision order,'.
§ (2) If an application such as is referred to in subsection (1)(b) or (c) of this section is unopposed, the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall order that in relation to proceedings on the application no parent or guardian of his shall be treated as representing him or as otherwise authorised to act on his behalf; but where the application was made by a parent or guardian on his behalf the order shall not invalidate the application.
§ (3) Where an order is made under subsection (1) or (2) of this section for the purposes of proceeding on an application within subsection (1)(a), (b) or (c) of this section, that order shall also have effect for the purposes of any appeal to the Crown court arising out of those proceedings.
§ (4) The power of the court to make orders for the purposes of an application within subsection (1)(a), (b) or (c) of this section shall also be exercisable, before the hearing of the application, by a single justice.
§
(5) In this section—
relevant care order" means a care order made under section 1 of this Act,
relevant supervision order" means a supervision order made under section 1 of this Act.
§ Safeguarding of interests of child or young person where section 32A order is made
§ 32B.—(1) Where the court makes an order under section 32A(2) of this Act the court, unless satisfied that to do so is not necessary for safeguarding the interests of the child or young person, shall in accordance with rules of court appoint a guardian ad litem of the child or young person for the purposes of the proceedings.
§ In this subsection "court" includes a single justice.
§ (2) Rules of court shall provide for the appointment of a guardian ad litem of the child or young person for the purposes of any proceedings to which an order under section 32A(1) of this Act relates.
§ (3) A guardian ad litem appointed in pursuance of this section shall be under a duty to safeguard the interests of the child or young person in the manner prescribed by rules of court.".)
§ Lord WINTERBOTTOMMy Lords, with the leave of the House, I beg to move that the House doth agree with the Commons in their Amendments Nos. 131 and 132 en bloc. These were discussed with Amendment No. 125 and relate to separate representation.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Winterbottom.)