HL Deb 08 November 1989 vol 512 cc721-2

4 Clause 5, divide Clause 5 into two Clauses, the first consisting of page 4, lines 4 to 35 and page 5, lines 12 to 16, and the second of page 4, line 36 to page 5, line 11.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 4. I shall speak at the same time to Amendments Nos. 10, 11, 13, 15, 16 and 18. These amendments, together with Amendments Nos. 5 to 9, 12, 14, 17, 19, 20 and 21 do two things essentially. They split Clause 5 into two parts, the first dealing with the appointment of guardians and the second with their removal. They recast the clause so that, like other private orders under the Bill, those relating to the appointment of guardians can be made either on application or by the court of its own motion.

Among other things, the amendments also allow others to execute and revoke guardian appointments on behalf of disabled parents and guardians; allow guardians to disclaim their appointment even if the Lord Chancellor has not prescribed the manner of recording such disclaimers, and allow the High Court, in accordance with rules of court, to appoint guardians of the child's estate without giving them the rest of parental responsibility for the child. This amendment would, for example, make it possible to allow the Official Solicitor to administer damages awarded by a United Kingdom court to a child who has no other connection with the United Kingdom. I beg to move.

Moved, That the House do agree with the Commons in the said amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.

3.30 p.m.