HL Deb 08 November 1989 vol 512 cc870-2

351 Schedule 7, page 106, line 40, leave out from 'any' to 'is' in line 41 and insert—

  1. '(i) parent of his;
  2. (ii) person who is not a parent of his but who has parental responsibility for him; or
  3. (iii) person who is a relative of his and who has assumed responsibility for his care,'.

352 Page 106, line 43, leave out 'registered'.

353 Page 107, line 1, leave out from `but' to end of line 2 and insert 'provided, equipped and maintained by the Secretary of State.'.

354 Page 107, line 3, after '(l)' insert `(b) to (g)'.

355 Page 107, line 17, leave out from beginning to `or' in line 18 and insert —

  1. `(i) section 1 of the Adoption Act 1976;
  2. (ii) section 1 of the Adoption (Scotland) Act 1978; or
  3. (iii) Article 3 of the Adoption (Northern Ireland) Order 1987.'.

356 Page 107, line 22, leave out `local authority for the area concerned' and insert `appropriate local authority'.

357 Page 107, line 24, after `be' insert 'privately'.

358 Page 107, line 41, at end insert— '(4A) A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement.'.

359 Page 107, line 42, leave out 'paragraph' and insert `Schedule—

  1. (a) "the appropriate local authority" means—
    1. (i) the local authority within whose area the child is being fostered; or
    2. (ii) in the case of a proposal to foster a child, the local authority within whose area it is proposed that he will be fostered; and
  2. (b)'.

360 Page 108, line 6, leave out paragraph (b) and insert— `(b) require any person who is —

  1. (i) a parent of a child; or
  2. (ii) a person who is not a parent of his but who has parental responsibility for a child,
and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority.'.

361 Page 108, line 19, at end insert — '(ff) require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household;'.

362 Page 108, leave out lines 23 to 27.

363 Page 108, line 32, leave out 'or'.

364 Page 108, line 33, at end insert —

  1. '(e) a refusal to make an exemption under paragraph 4 of Schedule 6A;
  2. (f) a condition imposed in such an exemption; or
  3. (g) a variation or cancellation of such an exemption,'.

365 Page 108, line 36, leave out 'or prohibition' and insert',prohibition, condition, variation or cancellation.'.

366 Page 108, line 37, leave out 'a requirement, the requirement' and insert' —

  1. (a) a requirement imposed under paragraph 6;
  2. (b) a condition of an exemption imposed under paragraph 4 of Schedule 6A; or
  3. (c) a variation or cancellation of such an exemption,
the requirement, condition, variation or cancellation.'.

367 Page 108, line 49, at end insert— '(5A) Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may —

  1. (a) make an exemption;
  2. (b) impose a condition; or
  3. (c) vary the exemption.

(5B) Any exemption made or varied under sub-paragraph (5A), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 6A (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule.'.

368 Page 109, line 1, leave out sub-paragraph (6).

369 Page 109, line 2, at end insert — '(6A) Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on —

  1. (a) a person who is, or would be if exempted under Schedule 6A, a local authority foster parent; or
  2. (b) a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.'

370 Page 109, line 9, leave out 'as if'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 351 to 370.

I have spoken to Amendment No. 351 with Amendment No. 207; Amendment No. 352 with Amendment No. 195; Amendment No. 353 with Amendment No. 186; Amendment No. 354 with Amendment No. 207; Amendment No. 355 with Amendment No. 232C; Amendments Nos. 356, 357, 358, 359, 360, 361 and 362 with Amendment No. 207; Amendment No. 363 with Amendment No. 189; Amendments Nos. 364, 365, 366, 367, 368 and 369 with Amendment No. 189; Amendment No. 370 with Amendment No. 207.

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

On Question, Motion agreed to.

[Amendment No. 371A, as an amendment to Amendment No. 371, not moved.]

[Amendments Nos. 371B, 371C and 371D, as amendments to Amendment No. 371, not moved.]