§ 333 Schedule 5, page 98, line 12, leave out sup-paragraphs (7) to (10).
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 333. I shall also speak to Amendments Nos. 338, 339 and 349. Amendment No. 333 would remove subparagraphs (7) to (10) of paragraph 1 of Schedule 5, which are now unnecessary.
Amendment No. 338 makes a minor amendment to the regulation-making power on the conduct of voluntary homes in paragraph 7(2)(i). Amendment No. 349 provides similarly for registered children's homes.
Amendment No. 339 introduces a regulation-making provision with respect to disqualification of persons in relation to voluntary homes similar to the provision under Section 58 which refers to disqualification of persons carrying on a children's home.
§ Moved, That the House do agree with the Commons in the said amendment. —( The Lord Chancellor.)
§ Lord RentonMy Lords, it is a very small point and purely concerns the drafting. We find that the expression "voluntary homes" is defined in the definition clause, Clause 75, to be found on page 66, which states:
'voluntary home' has the meaning given by section 49".In that clause there is no reference to children's homes. I should have thought that for the sake of completeness and for the benefit of those who are to use what will become a very long and complicated statute, it would have been better to have children's homes treated in the same way.However, I suppose that the answer, and consolation, is that if we turn to Clause 54, which is the one referred to in Amendment No. 339, we find that there is a reference to a "registered children's home". It is obviously too late to do anything about this. I merely make the point in order to show that the definition clause to which I have referred —namely, Clause 75 —is a most admirable way of helping the user of the statute. However, if we have such a definition clause, it gains enormous advantage from being truly complete, which this one is not quite.
§ The Lord ChancellorMy Lords, in some cases the word "registered" has been taken out. The situation is, as pointed out, that the definition of "children's home" is dealt with under the "registered children's home" part of the interpretation clause. It is, therefore, relatively complete, but I shall need to check the other references that the noble Lord has given to be certain about that. It is certainly intended that Clause 75 should be reasonably complete.
§ Lord RentonMy Lords, before my noble and learned friend sits down, perhaps I may say I am grateful to him. He is quite right. Clause 75 refers to "registered children's home" and this amendment refers to "children's homes". However, do I understand that under an earlier amendment which I missed the reference to "registered" in Clause 75 has been struck out? If so, the matter is undoubtedly in order, though there would have to be an alphabetical re-arrangement in order to put the words "children's homes" back where they belong in alphabetical order.
§ The Lord ChancellorMy Lords, it is a little difficult to deal with this in detail at the present moment. I have certainly taken the point made by the noble Lord, but my recollection is that the word "registered" has been affected by an amendment. Amendment No. 258 has a bearing on this matter, but I do not know whether it is wise for me to pursue the point further now.
On Question, Motion agreed to.