§ [References are to Bill [88] as first printed for the Commons.]
§ [Nos. 1–4]
§ Page 9, line 11, after 'effect,' insert 'subject'.
§ Page 10, line 10, after'2.' Insert '—(1)'
§ Page 10, line 13, at end—
§ '(2) In section 128(1) of that Act (sexual intercourse with patients) for the words "Part III of this Act" there shall be substituted the words "the Residential Homes Act 1980".'
§ Page 10, line 16, leave out from 'etc.)' to 'Section' in line 18 and insert 'for paragraph 31 there shall be substituted the following paragraph—
§ "31'
§ The LORD CHANCELLORMy Lords, I beg to move that the House doth agree with the Commons in their amendments. All four being drafting amendments, it may be convenient if, by leave of the House, I speak to all and move them all en bloc. Of course, if any noble Lord objects, I will move them separately.
The first amendment corrects an obvious clerical error in Clause 11 of the Bill. I am told that it is a mystery how the word "subject" came to be omitted and how its omission went unnoticed for so long. The second and third amendments effect a consequential amendment to the Mental Health Act 1959 which was overlooked. Section 17(2) (a) of the Interpretation Act 1978 would, in fact, translate the reference, but it is felt that an express amendment would be kinder to the reader. The fourth amendment corrects a provision which was drafted before it was decided to include Sections 19 to 21 of the Mental Health Act 1959 in the consolidation. Now that those sections are included the words,
including subsection (2) as applied by section 19 of the Mental Health Act 1959",carefully preserved by paragraph 3 of Schedule 1 to the Bill, become otiose and should therefore be omitted. My Lords, I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendments.—(The Lord Chancellor.)
§ Lord ELWYN-JONESMy Lords, I am sure that your Lordships are grateful to the noble and learned Lord the Lord Chancellor for his clear explanation, his clarifying of mysteries and his exposition of the normally inexplicable, which has 1515 been done with such clarity and grace; and I support the amendments.
§ The LORD CHANCELLORMy Lords, I am much obliged to the noble and learned Lord.
§ On Question, Motion agreed to.