HL Deb 12 May 1983 vol 442 cc659-70

2. The following subsection shall be added at the end of section 64 of the Child Care Act 1980— (8) Part IA of this Act applies to a child in respect of whom a resolution under subsection (1) above is in force as it applies to a child such as is mentioned in section 12A above, and accordingly references to a local authority in that Part of this Act include references to a voluntary organisation in which the parental rights and duties with respect to a child have vested under such a resolution.".

3. The following paragraph shall be added at the end of Part I of Schedule 1 to the Legal Aid Act 1974— 9. Proceedings under Part IA of the Child Care Act 1980.".

4. The following sub-paragraph shall be added at the end of section 103(1)(a) of the Children Act 1975— (iv) section 12F of the Child Care Act 1980;".'.

27 Schedule 1, page 25, line 11, at end, insert—

'Children Act 1958 (c. 65)

Termination of access to child subject to resolution under section 16. 1A. In section 7 of the Children Act 1958 (removal of foster children kept in unsuitable surroundings) for subsection (4) there shall be substituted the following subsection.
"(4) A local authority may receive into their care under section fifteen of the Social Work (Scotland) Act 1968 (duty of local authority to provide for orphans, deserted children, etc). any child removed under this section, whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of the said section 15 and notwithstanding that he may appear to the local authority to be over the age of seventeen.".'.

28 page 25, line 28, at end, insert—

'3A. In section 20 of that Act (duty of local authority to further the best interests of a child in their care)—

  1. (a) in subsection (1), for the words ", the local authority" there shall be substituted the words "or of a voluntary organization, they";
  2. (b) in subsection (2), for the words "a local authority" there shall be substituted the word "they", and after the words "the local authority", there shall be inserted the words "or voluntary organisation"; and
  3. (c) in subsection (3), after the word "authority", there shall be inserted the words "or voluntary organisation", and for the words "section 17(3)" there be substituted the words "sections 17(3), 17)3A)".'.

29 page 26, line 14, at end, insert—

'Family Law Reform Act 1969 (c. 46)

6A. In section 7(2) of the Family Law Reform Act 1969 (wards of court committed to care of local authority) for the words from "and thereupon" to the end of the subsection there shall he substituted the words "and thereupon—

  1. (a) Part III of the Child Care Act 1980 (which relates to the treatment of children in the care of a local authority; and
  2. (b) for the purposes only of contributions by the child himself at a time when he has attained the age of 16, Part V of that Act (which relates to contributions towards the maintenance of children in the care of a local authority),
shall apply, subject to the next following subsection, as if the child had been received by the local authority into their care under section 2 of that Act".'.

30 page 28, line 12, at each, insert—

'Matrimonial Causes Act 1973 (c. 18)

16A. In section 43(1) of the Matrimonial Causes Act 1973 (children committed to care of local authority) for the words from "and thereupon" to the end of the subsection there shall be substituted the words "and thereupon—

  1. (a) Part III of the Child Care Act 1980 (which relates to the treatment of children in the care of a local authority); and
  2. (b) for the purposes only of contributions by the child himself at a time when he has attained the age of 16, Part V of that Act (which relates to contributions towards the maintenance of children in the care of a local authority).
shall apply, subject to the provisions of this section, as if the child had been received by the local authority into their care under section 2 of that Act".'.

31 page 29, line 20, at end, insert—

'23A.—In Section 103 of that Act (guardians ad litem etc.)—

  1. (a) in subsection (1), for the words "a panel" there shall be substituted the words "one or more panels"; and
  2. (b) the following subsection shall be substituted for subsection (2)—

"(2) Regulations under subsection (1) may provide—

  1. (a) for the defrayment by local authorities of expenses incurred by members of a panel established by virtue of that subsection; and
  2. (b) for the payment by local authorities of fees and allowances for members of such a penal.".'.

32 page 31, line 27, at end, insert—

'40A. The following subsection shall be substituted for subsection (2) of section 3 of the Child Care Act 1980 (under which a local authority who pass a resolution under subsection (1)(b), (c) or (d) are required, if the whereabouts of the person whose parental rights and duties have vested in them are known, to serve notice in writing of the passing of the resolution on him, unless he has consented in writing to its passing)— (2) If the local authority know the whereabouts of the person whose parental rights and duties have vested in them by virtue of a resolution passed under subsection (1)(b), (c) or (d) above, they shall forthwith after it is passed serve notice in writing of its passing on him.".'.

33 page 31, line 29, leave out 'the Child Care Act 1980' and insert 'that Act'.

34 page 32, line 10, at end, insert—

43A. The following section shall be substituted for section 21A of that Act—

"Use of accommodation for restricting liberty.

21A.—(1) Subject to the following provisions of this section, a child in the care of a local authority may not be placed, and, if placed, may not be kept, in accommodation provided for the purpose of restricting liberty unless it appears—

(a) that—

  1. (i) he has a history of absconding and is likely to abscond from any other description of accommodation; and
  2. (ii) if he absconds, it is likely that his physical, mental or moral welfare will be at risk; or
    3. 663
  3. (b) that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

(2) The Secretary of State may by regulations—

(a) specify—

  1. (i) a maximum period beyond which a child may not be kept in such accommodation without the authority of a juvenile court; and
  2. (ii) a maximum period for which a juvenile court may authorise a child to be kept in such accommodation;

(b) empower a juvenile court from time to time to authorise a child to be kept in such accommodation for such further period as the regulations may specify; and

(c) provide that applications to a juvenile court under this section shall be made by local authorities.

(3) It shall be the duty of a juvenile court before which a child is brought by virtue of this section to determine whether any relevant criteria for keeping a child in accommodation provided for the purpose of restricting liberty are satisfied in his case; and if a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in such accommodation and specifying the maximum period for which he may be so kept.

(4) On any adjournment of a hearing under subsection (3) above a juvenile court may make an interim order permitting the child to be kept during the period of the adjournment in accommodation provided for the purpose of restricting liberty.

(5) An appeal shall lie to the Crown Court from a decision of a juvenile court under this section.

(6) A juvenile court shall not exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless either—

  1. (a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
  2. (b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(7) The Secretary of State may by regulations provide—

  1. (a) that this section shall or shall not apply to any description of children specified in the regulations;
  2. (b) that this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified;
  3. (c) that such other provision as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in accommodation provided for the purpose of restricting liberty.

(8) The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates.".'.

35 page 32, line 45, at end, insert—

47A.—The following section shall be inserted after section 64 of that Act:—

"General duty of voluntary organisation in relation to children in their care.

64A.—(1) In reaching any decision relating to a child in their care, a voluntary organisation shall give first consideration to the need to safeguard and promote the welfare of the child throughout his childhood; and shall so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.

(2) In providing for a child in their care a voluntary organisation shall make such use of facilities and services available for children in the care of their own parents as appears to the organisation reasonable in his case.".'.

36 page 33, line 15, leave out '(2) of that Act (regulations and orders)' and insert 'of that Act (regulations and orders)— (a) in subsection (2)'.

37 page 33, line 17, at end, insert 'and (b) in subsection (4), after "11" there shall be inserted, "21A".'.

38 Schedule 3, page 37, line 3, after 'disablement', insert', past or present dependence on alcohol or drugs'.

39 page 37, line 22, leave out '147(1) of the Mental Health Act 1959' and insert '145(1) of the Mental Health Act 1983'.

40 page 38, line 15, after 'mind', insert '(whether or not including significant impairment of intelligence)'.

41 page 38, line 17, leave out 'and requires or is susceptible to medical treatment'.

42 page 40, line 24, leave out '£2' and insert '£5'.

43 page 44, line 38, at end, insert—

  1. '(aa) as to the numbers and qualifications of staff to be employed in such homes;
  2. (ab) as to the numbers of suitably qualified and competent staff to be on duty in such homes;'.

44 page 44, line 41, at end, insert—

  1. '(ca) as to the giving of notice y a person of a description specified in the regulations of periods during which any person of a description so specified proposes to be absent from a home;
  2. (cb) as to the information to be supplied in such a notice:'

45 page 46, line 37, at end, insert— '23A. In section 1 of the Nursing Homes Act 1975— (a) the following sub-paragraph shall be added at the end of paragraph (c) of subsection (1)— (v) treatment by specially controlled techniques."; (b) the following subsection shall be added after that subsection— (1A) In subsection (1) above 'specially controlled techniques' means techniques specified under subsection (3) below as subject to control for the purposes of this Act."; (c) at the end of paragraph (e) of subsection (2) there shall be added (but not as part of sub-paragraph (iii)) the words "unless they are used or intended to be used for the provision of treatment by specially controlled techniques and are not excepted by regulations under paragraph (g) below"; and (d) the following subsections shall be added after that subsection— (3) The Secretary of State may by regulations specify as subject to control for the purposes of this Act any technique of medicine or surgery (including cosmetic surgery) as to which he is satisfied that its use may create a hazard for persons treated by means of it or for the staff of any premises where the technique is used. (4) Without prejudice to the generality of section 19 below regulations under subsection (3) may define a technique by reference to any criteria which the Secretary of State considers appropriate. (5) In this section 'treatment' includes diagnosis and 'treated' shall be construed accordingly.".'.

46 page 46, line 39, leave out 'the Nursing Homes Act 1975' and insert 'that Act'.

47 page 47, line 22, at end, insert—

'25A. The following paragraphs shall be inserted after section 5(1)(a) of that Act—

  1. '(aa) make provision as to the giving of notice by a person registered in respect of such a home of periods during which he or, if he is not in charge of the home, 665 the person who is in charge of it, proposes to be absent from the home;
  2. (ab) specify the information to be supplied in such a notice;
  3. (ac) provide for the making of adequate arrangements for the running of such a home during a period when the person in charge of it is absent from it;'.

48 page 47, line 42, at end, insert— '(2) In subection (3) of that section, for the words "imposed by or under subsection (1) or (2) above" there shall be substituted the words "for the time being in force in respect of a home by vitrue of this Act.".'.

49 page 51, line 23, after '32.', insert '(1)'.

50 page 51, line 28, at end, insert— '(2) "£5" shall be substituted for "£2" in subsection (1)(b).

51 page 52, leave out lines 34 to 40 and insert 'contravention—

  1. (a) of subsection (1) above; or
  2. (b) of a condition to which the registration of the home is for the time being subject by virtue of this Part of this Act,
shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding—
  1. (i) level 5 on the standard scale, if his offence is under paragraph (a) above; and
  2. (ii) level 4 on that scale, if it is under paragraph (b) above.";'.

52 page 55, line 42, at end, insert— '38A. In section 60(1)(a) of that Act after the word "accommodation" there shall be inserted the word ", staff".'

53 page 56, line 4, at end, insert— '39A. In subsection (1) of section 87 of that Act (interpretation) the following definition shall be inserted after the definition of "the relevant authorities"— standard scale" means the standard scale as defined in section 75 of the Criminal Justice Act 1982;.'.

54 page 58, line 18, after 'shall', insert 'also'.

55 page 58, line 19, after 'vary', insert 'any'.

56 page 59, line 2, at end, insert—

'42A. The following section shall be substituted for section 12 of that Act—

"Service of documents.

12.—(1) Any notice or other document required under this Act to be served on a person carrying on, or intending to carry on, a children's home may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service.

(2) For the purposes of section 7 of the Interpretation Act 1978 (which defines "service by post") a letter to a person carrying on a children's home enclosing a notice or other document under this Act shall be deemed to be properly addressed if it is addressed to him at the home.

(3) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, without prejudice to subsection (2) above the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm, shall be that of the principal office of the firm and in any other case shall be the last known address of the person to be served.".'.

57 page 59, line 38, leave out 'welfare' and insert 'social'.

58 Schedule 4, page 61, line 24, leave out paragraphs 2 and 3.

59 page 62, line 7, leave out from beginning to 'it' in line 28 and insert—

'4. In section 22 (co-operation between health authorities and local authorities)

(a) the following subsection shall be inserted after subsection (3)— (3A)".

60 page 62, line 29, after 'each', insert 'joint consultative'.

61 page 62, line 31, at end, insert—

  1. '(b) in subsection (4)(e), for the words "not members of the authorities represented by the joint consultative committee" there shall be substituted the words "neither—
    1. (i) members of the authorities represented by the joint consultative committee; nor
    2. (ii) appointed by virtue of an order under subsection (3A) above; and
  2. (c) the following subsection shall be inserted after subsection (5)—".

(3B) Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different committees in either'.

62 page 62, line 32, leave out from beginning to end of line 29 on page 70.

63 page 70, leave out lines 34 to 36.

64 page 70, line 41, leave out paragraphs 27 to 33.

65 Schedule 5, page 73, leave out lines 30 to 33 and insert ' of a fully registered person'.

66 page 73, line 36, after (1), insert 'or (2)'.

67 page 73, line 47, leave out 'period of'.

[Note: The text of line 47, omitted in error from the bill, was issued in a correction slip, and reads: 'duties of such an appointment during the period of suspension. ".']

68 page 74, line 7 leave out 'in the locality of a Family Practitioner Committee'.

69 page 74, line 14, leave out 'locality' and insert 'district'.

70 page 74, line 17, leave out 'locality' and insert 'district'.

71 page 74, line 33, after '(1)' insert 'or (2).'

72 page 74, line 42, leave out from 'services' to 'but' in line 45.

73 page 74, line 46, leave out 'that period of' and insert 'the'.

74 page 75, line 7, after 'authority' insert '(other than a Family Practitioner Committee)'.

75 page 76, leave out lines 1 to 10.

76 Schedule 6, page 77, line 6, after '(1)', insert 'or (2)'.

77 page 77, line 17, leave out from 'services' to 'but' in line 19.

78 Schedule 7, page 79, line 13, amend, insert— '(1E) The Chief Adjudication Officer shall report annually in writing to the Secretary of State on the standards of adjudication and the Secretary of State shall publish his report".

79 page 79, leave out lines 16 to 19 and insert— '(2A) One of those persons shall be drawn from the panel mentioned in sub-paragraph (1B)of paragraph 1 of Schedule 10 to this Act. (2AA) The other shall be drawn from the panel mentioned in sub-paragraph (IC) of that paragraph".

80 page 80, line 10, leave out 'Secretary of State' and insert 'president'.

81 page 80, line 11, leave out 'each panel shall Act for such area' and insert 'shall act for such areas'.

82 page 80, line 12, leave out 'Secretary of State' and insert 'President'.

83 page 80, line 13, leave out 'Secretary of State sees' and insert 'President thinks'.

84 page 80, leave out lines 14 to 17 and insert— '(1A) There shall be two panels for each area. (1B) One panel shall be composed of persons who appear to the President to represent employed earners. (1C) The other shall be composed—

  1. (a) of persons who appear to him represent employers and earners other than employed earners; and
  2. (b) of persons who appear to him to have knowledge or experience of conditions in the area and to represent persons living or working in it.'.

85 page 80, line 18, leave out 'Secretary of State' and insert 'president'.

86 page 80, line 19, leave out from 'any' to end of line 20 and insert 'recommendations—

  1. (a) from such local committees representing employers or employed earners or both; or
  2. (b) from such organisations concerned with the interests of employers or employed earners; or
  3. (c) from such other organinsations or from such persons, as he considers appropriate.'.

87 page 80, line 22, leave out 'Secretary of State may direct, but the Secretary of State' and insert 'President may direct, but the President'.

88 page 81, leave out lines 28 to 31 and insert '(11) The President may appoint such officers and staff as he thinks fit—

  1. (a) for himself;
  2. (b) for other persons appointed to offices under this paragraph; and
  3. (c) for social security appeals tribunals, with the consent of the Secretary of State and the Treasury as to numbers and as to remuneration and other terms and conditions of service.'

89 page 81, line 33, leave out 'Secretary of State' and insert 'President'.

90 page 81, leave out lines 35 to 40.

91 page 81, line 41, leave out second 'the' and insert 'a'.

92 page 81, line 42, at end, insert—

'Administrative duties of President

1D. It shall be the duty of the President—

  1. (a) to arrange—
    1. (i) such meetings of chairmen and members of social security appeal tribunals; and
    2. (ii) such training for such chairmen and members, as he considers appropriate; and
  2. (b) to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of social security appeal tribunals.'

93 page 82, line 2, at end, insert 'after consultation with such academic medical bodies as appear to him to be appropriate.'.

94 page 82, line 14, at end, insert—

9A. The following paragraph shall be inserted after paragraph 5 of that Schedule— 5A. The President may appoint such officers and staff for medical appeal tribunals as he thinks fit, with the consent of the Secretary of State and the Treasury as to numbers and as to remuneration and other terms and conditions of service.".

9B The following paragraph shall be added at the end of that Schedule— 9. It shall be the duty of the President—

  1. (a) to arrange—
    1. (i) such meetings of chairmen and members of medical appeal tribunals, and
    2. (ii) such training for such chairmen and members, as he considers appropriate; and
  2. (b) to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of medical appeal tribunals.".'.

95 page 87, line 24, after 'provision' insert 'or saving'.

96 Schedule 8, pages 89, leave out lines 18 to 36.

97 page 90, leave out lines 5 to 27.

98 page 90, line 27, at end, insert—

'Social Work (Scotland) Act 1968 (c.49)

'13A. 'In section 10 of the Social Work (Scotland) Act 1968 (financial assistance to voluntary organisations), in subsection (5)—

  1. (a) the word "section" shall be substituted for the words "section 64 and"; and
  2. (b) after the word "1968" there shall be inserted the words "and section 16B of the National Health Service (Scotland) Act 1978".'.

99 page 90, line 37, at end, insert— '14A. In subsection (3) of section 7 of the Tribunals and Inquiries Act 1971 (which specifies the tribunals mentioned in certain paragraphs of Schedule 1 to that Act of which the chairman are to be selected from a panel of person appointed by the Lord Chancellor) for the words "30A(a) or (c) or 30B" there shall be substituted the words "or 30A(a) or (c)". 14B. In subsection (1) of section 13 of that Act (appeals from certain tribunals) after word "Act", there shall be inserted the words "or to proceedings before a Registered Homes Tribunal".'.

100 page 90, line 39, leave out 'Tribunals and Inquiries Act 1971' and insert 'that Act'.

101 page 90, line 40, leave out— Children's Homes Registration and insert— Registration of voluntary homes under Child Care Act 1980 and children's homes under Children's Homes Act 1982.'

102 page 91, line 1, leave out paragraph 16.

103 page 91, leave out lines 34 to 41.

104 page 92, line 12, leave out '1959' and insert '1983'.

105 page 93, line 2, leave out paragraph 29.

106 page 93, line 12, leave out 'that Act' and insert 'the Employment Protection (Consolidation) Act 1978'.

107 page 93, leave out line 17.

108 page 93, line 33, at end, insert—

'Overseas Development and Co-operation Act 1980 (c.63)

33. The words "for an area or district" shall be omitted from Part II of Schedule 1 to the Overseas Development and Co-operation Act 1980 (bodies constituted under the National Health Service Act 1977).'.

109 page 93, line 42, leave out paragraph 2.

110 Schedule 9, page 95, line 13, at end, insert—

'11 & 12 Geo. 6 c.29 National Assistance Act 1948. Section 29(5).'.

111 page 95, line 23, column 3, at beginning, insert—

'Section 45(2).'.

112 page 95, line 29, column 3, at end, insert—

'Section 64 so far as it relates to Scotland.'.

113 page 95, line 31, column 3, at end, insert—

'In section 59A(1), the words "in residential establishments". Section 59A(3).'.

114 Page 95, line 50, column 3, at beginning, insert—

In section 13(1) the words "4" and 18(a).".'

115 Page 96, line 19, column 3, at end, insert—

In section 19(3)(b)(ii), the words "of those sections"'.

116 Page 96, line 23, column 3, at beginning, insert—

'In section 72, in section 59A(1), the words "in residential establishments" and section 59A(3)'.

117Page 96, line 45, leave out from '22' to end of line 47.

118 Page 96, line 47, at end, insert—

'1977 c. 5. Social Security (Miscellaneous Provisions) Act 1977. Section 22(15).'

119 Page 97, leave out lines 15 to 19.

120 Page 97, leave out lines 25 to 30.

121 Page 97, line 44, leave out from '""Teaching""' to end of line 57.

122 Page 97, line 57, column 3, at end, insert—

'In Schedule 8, paragraphs 1(2), 2(5) and 3(2).'.

123 Page 98, line 16, column 3, at beginning, insert—

'In section 10(2) the words from "and may" to the end of the subsection.'

124 Page 98, line 21, column 3, at end, insert—

'In section 39(2) in paragraph (c), the words "or voluntary organisation", and paragraph (e).'

125 Page 98, line 38, column 3, at end, insert—

'In Schedule 5, paragraphs 23(a) and 34(a).'

126 Page 98, line 47, at end, insert 'and'.

127 Page 98, leave out lines 50 to 53.

128 Page 99, line 2, leave out from '1' to end of line 32 and insert 'paragraph 29, and in paragraph 78(6), the words from "and' for" to "the word "Teaching""in both places where they occur.'.

129 Page 99, line 32, at end, insert—

1980 c. 63. Overseas Development and Co-operation Act 1980. In Schedule 1, in Part II, the words "for an area or district".'

130 Page 99, leave out line 39.

131 Page 99, line 44, at end, insert—

1982 c. 48. Criminal Justice Act 1982. Section 25(1).'

132 line 7, after 'medical', insert 'and dental'.

133 line 11, leave out from '1982;' to 'to' in line 13.

Lord Trefgarne

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 2 to 133 en bloc.

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

On Question, Motion agreed to.