§ 88 Clause 26, page 22, line 45, leave out 'the local authority appearing to the court to be'.
§ 89 Page 23, line 1, leave out 'it appears to the court that'.
§ 90 Page 23, line 2, leave out from first 'authority' to 'the' in line 3.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 88, 89 and 90. In moving these amendments I speak also to Amendments Nos. 113, 114 and 115.
Clause 26(7) makes provision as to which local authority should be the authority designated in a care order. Under Clause 26(7) it is that authority which appears to the court to be the authority within whose area the child lives. If it appears to the court that the child does not live within the area of a local authority, the designated authority should be that which appears to the court to be the authority in whose area the circumstances giving rise to the care order occurred. Similar provisions are made in Clause 32(5) in respect of the local authority which is to be named in a direction made by the court in family proceedings that the child's circumstances be investigated by "the appropriate authority".
These amendments remove from Clause 26(7) and 32(5) the qualification as to the authority appearing to the court to be appropriate. Under Clause 26 the designated authority will therefore be that authority in whose area the child lives or, where the child does not live in the area of a local authority, the area in which the circumstances occurred. Clause 32(5) will reflect this position. This correctly focuses on the true state of the facts and is an improvement on the clauses as drafted.
§ Moved, That the House do agree with the Commons in the said amendments. —(The Lord Chancellor.)
§ On Question, Motion agreed to.