§ [Nos. 94 to 96.]
§ Clause 37, page 24, line 19, at end insert:
§ ("(1A) In any case where subsection (1) applies, and
- (a) the child was in the care of a local authority before he began to have his home with the applicant, and
- (b) the child remains in the care of a local authority,
§ Clause 37, page 24, line 23, leave out ("£100") and insert ("£400").
§ After Clause 37 insert the following new clause:
- (1) An authorised court may on the application of a person from whose custody a child has been removed in breach of section 37 order the person who has so removed the child to return the child to the applicant.
- (2) An authorised court may on the application of a person who has reasonable grounds for believing that another person is intending to remove a child from the applicant's custody in breach of section 37 by order direct that other person not to remove the child from the applicant's custody in breach of that section.
- (3) If, in the case of an order made by the High Court under subsection (1), the High Court or, in the case of an order made by a county court under subsection (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising an officer of the court to search such premises as may be specified in the order for the child and, if the officer finds the child, to return the child to the applicant.
- (4) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in premises specified in the information, he may issue a search warrant authorising a constable to search the premises for the child; and if a constable acting in pursuance of a warrant under this section finds the child, he shall return the child to the person on whose application the order under subsection (1) was made.
- (5) An order under subsection (3) may be enforced in like manner as a warrant for committal".
§ Lord WELLS-PESTELL
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 94 to 96.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Wells-Pestell.)
§ Lord SANDYS
My Lords, may I speak very briefly on Amendment No. 95? I have given the noble Lord notice that I would speak. The question concerns fines and the adjustment of the fine of £100, it being increased to £400. The question which arose in our minds in your Lordships' House and indeed elsewhere is whether in this case and in others the fines would be adjusted either by Order or by further Resolution at a later date. We assume the latter.
§ On Question, Motion agreed to.
§ The DEPUTY SPEAKER (Lord MAYBRAY-KING)
My Lords, I will not put Amendment No. 97, because it now appears as Amendment No. 112A at some later stage in the Bill.