HL Deb 08 November 1989 vol 512 cc890-2

374 Schedule 8, page 110, leave out lines 6 to 14 and insert —

'The Education Act 1944 (c. 31)

4. —(1) In section 40(1) of the Education Act 1944 (enforcement of school attendance), the words from "or to imprisonment" to the end shall cease to have effect.

The Marriage Act 1949 (c. 76)

5. —(1) In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar's certificate), in subsection (1) for the words "the Second Schedule to this Act" there shall be substituted "subsection (1A) of this section".

(2) After that subsection there shall be inserted — (1A) The consents are —

  1. (a) subject to paragraphs (b) to (d) of this subsection, the consent of —
    1. (i) each parent (if any) of the child who has parental responsibility for him; and
    2. (ii) each guardian (if any) of the: child;
  2. (b) where a residence order is in force with respect to the child, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection);
  3. (c) where a care order is in force with respect to the child, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection);
  4. (d) where neither paragraph (b) nor (c) of this subsection applies but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection).

(1B) In this section 'guardian of a child', 'parental responsibility', 'residence order' and 'care order' have the same meaning as in the Children Act 1989."

The Births and Deaths Registration Act 1953 (c. 20)

5A. —(1) Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be amended as follows.

(2) In sections 10(1) and 10A(1) for paragraph (d) there shall be substituted — (d) at the request of the mother or that person on production of —

  1. (i) a copy of a parental responsibility agreement made between them in relation to the child; and
  2. (ii) a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4 of the Children Act 1989 and has not been brought to an end by an order of a court; or

(e) at the request of the mother or that person on production of —

  1. (i) a certified copy of an order under section 4 of the Children Act 1989 giving that person parental responsibility for the child; and
  2. (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or

(f) at the request of the mother or that person on production of —

  1. (i) a certified copy of an order under paragraph 1 of Schedule I to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(2A) of that Schedule; and
  2. (ii) a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or

(g) at the request of the mother or that person on production of —

  1. (i) a certified copy of any of the orders which are mentioned in subsection (1A) of this section which has been made in relation to the child; and
  2. (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court."

(3) After sections 10(1) and 10A(1) there shall be inserted — (1A) The orders are—

  1. (a) an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child;
  2. (b) an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent;
  3. (c) an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child;
  4. (c) an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child."

(4) In section 10(2) for the words "or (d)" there shall be substituted "to (g)".

(5) In section 10(3) for the words from "'relevant order'" to the end there shall be substituted—parental responsibility agreement' has the same meaning as in the Children Act 1989".

(6) In section 10A(2) in paragraphs (b) and (c) for the words "paragraph (d)" in both places where they occur there shall be substituted "any of paragraphs (d) to (g)".

The Army Act 1955 (c.18)

5B. In section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child), in subsection (1A) (a) for the words "in the care of a local authority in England or Wales" there shall be substituted "being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)".

5C. —(1) Schedule 5A to that Act (powers of court on trial of civilian) shall be amended as follows.

(2) For paragraphs 7(3) and (4) there shall be substituted— (3) While an authorisation under a reception order is in force the order shall (subject to sub-paragraph (4) below) be deemed to be a care order for the purposes of the Children Act 1989, and the authorised authority shall be deemed to be the authority designated in that deemed care order. (3A) In sub-paragraph (3) above "care order" means a care order which is not an interim care order under section 33 of the Children Act 1989. (4) The Children Act 1989 shall apply to a reception order which is deemed to be a care order by virtue of sub-paragraph (3) above as if sections 26(7) (designated local authority), 66(1) (duration of care order etc.) and 70 (transfer of responsibility) were omitted.

(3) In sub-paragraph (5)(c) for the words from "attains" to the end there shall be substituted "attains 18 years of age".

(4) In paragraph 8(1) for the words "Children and Young Persons Act 1969" there shall be substituted "Children Act 1989".

The Air Force Act 1955 (c.19)

5D. Section 151 (IA) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) shall have effect subject to the amendment that is set out in paragraph 5B in relation to section 151 (1A) of the Army Act 1955.

5E. Schedule 5A to that Act (powers of court on trial of civilian) shall have effect subject to the amendments that are set out in paragraph 5C(2) to (4) in relation to Schedule 5A to the Army Act 1955'.

375 Page 111, line 3, at end insert —

The Naval Discipline Act 1957 (c. 53)

12A. Schedule 4A to the Naval Discipline Act 1957 (powers of court on trial of civilian) shall have effect subject to the amendments that are set out in paragraph 5C(2) to (4) in relation to Schedule 5A to the Army Act 1955.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 374 and 375. I shall also speak to Amendment No. 382.

These amendments will make minor amendments to existing statutes to reflect the substantial conceptual changes made by the Bill. The Acts concerned are the Education Act 1944, the Marriage Act 1949, the Births and Deaths Registration Act 1953, the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957. There is also a drafting amendment to the existing paragraph of the schedule which deals with the Matrimonial Causes Act 1973.

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

On Question, Motion agreed to.