HL Deb 08 November 1989 vol 512 cc901-4

392 Schedule 9, page 116, line 6, at end insert—

The Criminal Justice Act 1967 (c.80)

12A. In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words "in the care of a local authority" there shall be substituted "remanded to local authority accommodation".'.

393 Page 116, line 20 at end insert—

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

13A. In section 2(2) of the Social Work (Scotland) Act 1968 (matters referred to social work committee) after paragraph (j) there shall be inserted — (k) section (Review of provision for daycare, child minding etc.) and Part (CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN) of the Children Act 1989,".

13B. In section 5(2)(c) of that Act (power of Secretary of State to make regulations) for the words "and (j)" there shall be substituted "to (k)".

13C. In section 21(3) of tht Act (mode of provision of accommodation and maintenance) for the words "section 21 of the Child Care Act 1980" there shall be substituted "section 19 of the Children Act 1989".

13D. In section 74(6) of that Act (parent of child in residential establishment moving to England or Wales) for the words from "Children and Young Persons Act 1969" to the end there shall be substituted "Children Act 1989, but as if section 26(7) were omitted".

13E. In Section 75(2) of that Act (parent of child subject to care order etc. moving to Scotland), for the words "Children and Young Persons Act 1969" there shall be substituted "Children Act 1989".

13F. In section 86(3) of that Act (meaning of ordinary residence for purpose of adjustments between authority providing accommodation and authority of area of residence), the words "the Child Care Act 1980 or" shall be omitted and after the words "education authority" there shall be inserted "or placed with local authority foster parents under the Children Act 1989".'.

394 Page 116, column 2, leave out from beginning of line 42 to end of line 3 on page 117 and insert —

`Functions under Part III of the Act (local authority support for children and families.
Care and supervision.
Protection of children
Functions in relation to community homes, voluntary homes and voluntary organisations, registered children's homes, private arrangements for fostering children, child minding and day care for young children.
Inspection of children's homes on behalf of Secretary of State.
Research and returns of information.
Functions in relation to children accommodated by health authorities and local education authorities or in residential care, nursing or mental nursing homes or in independent schools.'.

395 Page 117, line 24, leave out from `Tribunals)' to end of line 27 and insert 'for paragraph 4 there shall be substituted —

"Registration of voluntary homes and children's homes under the Children Act 1989. 4.Registered Homes Tribunals constituted under Pail III of the Registered Homes Act 1984.".'.

Page 117, line 35, at end insert—

'The Employment of Children Act 1973 (c.24)

21 A. —(1) In section 2 of the Employment of Children Act 1973 (supervision by education authorities), in subsection (2)(a) for the words "guardian or a person who has actual custody of" there shall be substituted "any person responsible for".

(2) After that subsection there shall be inserted — (2A) For the purposes of subsection (2)(a) above a person is responsible for a child —

  1. (a) in England and Wales, if he has parental responsibility for the child or care of him; and
  2. (b) in Scotland, if he is his guardian or has actual custody of him.".

'The Domicile and Matrimonial Proceedings Act 1973 (c.45)

24B. —(1) In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction), paragraph 11(1) shall be amended as follows —

  1. (a) at the end of the definition of "lump sum" there shall be added "or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(c) of that Schedule";
  2. (b) in the definition of "relevant order'', at the end of paragraph (b), there shall be added "or an order made in equivalent circumstances under Schedule I to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule";
  3. (c) in paragraph (c) of that definition, after the word "children)" there shall be inserted "or a section 7 order under the Children Act 1989"; and
  4. (d) in paragraph (d) of that definition for the words "the custody, care or control" there shall be substituted "care".

(2) In paragraph 11(3) of that Schedule —

  1. (a) the word "four" shall be omitted; and
  2. (b) for the words "the custody of a child and the education of a child" there shall be substituted "or any provision which could be made by a section 7 order under the Children Act 1989".'.

397 Page 118, line 2, leave out 'In section 7(2)' and insert ' —(1) Section 7(2)'.

398 Page 118, line 3, after 'Act)' insert 'shall be amended as follows

(2) For paragraph (c) there shall be substituted — (c) in any proceedings relating to adoption, the marriage of any minor, the exercise of the inherent jurisdiction of the High Court with respect to minors or the provision by any person of accommodation, care or schooling for minors; (cc) in any proceedings brought under the Children Act 1989; (3)'.

399 Page 118, leave out lines 7 to 9.

400 Page 118, line 9, at end insert—

'The Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)

23A. For section 8 of the Domestic Proceedings and Magistrates' Courts Act 1978 (orders for the custody of children) there shall be substituted —

"Restrictions on making of orders under this Act: welfare of children.

8. Where an application is made by a party to a marriage for an order under section 2, 6 or 7 of this Act, then, if there is a child of the family who is under the age of eighteen, the court shall not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children Act 1989 with respect to the child."

23B. In section 19(3A) (b) (interim orders) for the words "subsections (2) and" there shall be substituted "subsection".

23C. For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted — (12) An application under this section may be made —

  1. (a) where it is for the variation or revocation of an order under section 2, 6, 7 or 19 of this Act for periodical payments, by either party to the marriage in question; and
  2. (b) where it is for the variation of an order under section 2(1)(c), 6 or 7 of this Act for periodical payments to or in respect of a child, also by the child himself, if he has attained the age of sixteen."

23D. —(1) For section 20A of that Act (revival of order for periodical payments) there shall be substituted —

"Revival of orders for periodical payments.

20A. —(1) Where an order made by a magistrates' court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order) ceases to have effect —

  1. (a) on the date on which the child attains the age of sixteen, or
  2. (b) at any time after that date but before or on the date on which he attains the age of eighteen,
the child may apply to the court which made the order for an order for its revival.

(2) If on such an application it appears to the court that—

  1. (a) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or
  2. (b) there are special circumstances which justify the making of an order under this subsection,
the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.

(3) Any order revived under this section may be varied or revoked under section 20 in the same way as it could have been varied or revoked had it continued in being."

23E. In section 23(1) of that Act (supplementary provisions with respect to the variation and revocation of orders) for the words "14(3), 20 or 21" there shall be substituted "20" and for the words "section 20 of this Act" there shall be substituted "that section".

23F. —(1) In section 25 of that Act (effect on certain orders of parties living together), in subsection (1)(a) for the words "6 or 11(2)" there shall be substituted "or 6".

(2) In subsection (2) of that section —

  1. (a) in paragraph (a) for the words "6 or 11(2)" there shall be substituted "or 6"; and
  2. (b) after paragraph (a) there shall be inserted "or".

23G. In section 29(5) of that Act (appeals) for the words "sections 14(3), 20 and 21" there shall be substituted "section 20".

23H. In section 88(1) of that Act (interpretation) —

  1. (a) in the definition of "child", for the words from "an illegitimate" to the end there shall be substituted "a child whose father and mother were not married to each other at the time of his birth"; and
  2. (b) in the definition of "child of the family", for the words "being boarded-out with those parties" there shall be substituted "placed with those parties as foster parents".

'The Magistrates' Courts Act 1980 (c.43)

231. —(1) In section 59(2) of the Magistrates' Courts Act 1980 (periodical payments through justices' clerk) for the words "the Guardianship of Minors Acts 1971 and 1973" there shall be substituted "(or having effect as if made under) Schedule 1 to the Children Act 1989".

(2) For section 62(5) of that Act (payments to children) there shall be substituted— (5) In this section references to the person with whom a child has his home —

  1. (a) in the case of any child who is being looked after by a local authority (within the meaning of section 18 of the Children Act 1989), are references to that local authority; and
  2. (b) in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child.".'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 392 to 400. I spoke to Amendment No. 392 with Amendment No. 50, to Amendments Nos. 393 to 395 with Amendment No. 391 and to Amendments Nos. 396 to 400 with Amendment No. 385.

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

On Question, Motion agreed to.