§ 386 Schedule 9, page 115, line 4, at end insert —
(2) For subsection (2) there shall be substituted —
(2) Proceedings for such offences shall not be instituted except by a local education authority.
(2A) Before instituting such proceedings the local education authority shall consider whether it would be appropriate, instead of or as well as instituting the proceedings, to apply for an education supervision order with respect to the child.
(3) For subsections (3) and (4) there shall be substituted —
(3) The court —
§ (3A) Where, following such a direction, a local education authority decide not to apply for an education supervision order they shall inform the court of the reasons for their decision.
§ (3B) Unless the court has directed otherwise, the information required under subsection (3A) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.
§ (4) Where —
- (a) a local education authority apply for an education supervision order with respect to a child who is the subject of a school attendance order; and
- (b) the court decides that section 31(3) of the Children Act 1989 prevents it from making the order;
(4) After subsection (4) there shall be inserted —
(5) In this section —
`appropriate local authority' has the same meaning as in section 31(9) of the Children Act 1989; and
'education supervision order' means an education supervision order under that Act.
7B. In section 71 of that Act (complaints with respect to independent schools), the following paragraph shall be added after paragraph (d), in subsection (1)—
(e) there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by section (Welfare of
children accommodated in independent schools) of the Children Act 1989 (welfare of children accommodated in independent schools);
7C. After section 114(1C) of that Act (interpretation) there shall be inserted the following subsections —
(1D) In this Act, unless the context otherwise requires, 'parent', in relation to a child or young person, includes any person —
§ (1E) The enactments are —
- (a) sections 5(4), 15(2) and (6), 31 and 65(1) of and paragraph 7(6) of Schedule 2 to, the Education (No. 2) Act 1986; and
- (b) sections 53(8), 54(2), 58(5)(k), 60 and 61 of the Education Reform Act 1988.
§ (1F) For the purposes of subsection (ID) of this section —
- (a) 'parental responsibility' has the same meaning as in the Children Act 1989; and
- (b) in determining whether an individual has care of a child or young person any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded." '
§ 387 Page 115, line 12, leave out paragraph 9.
§ 388 Page 115, line 20, leave out paragraph 10.
§ 389 Page 115, line 38, at end insert —
10A. For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required before enforcing certain orders for the payment of money), there shall be substituted —
(d) an order for alimony, maintenance or other payment made under sections 21 to 33 of the Matrimonial Causes Act 1973 or made, or having effect as if made, under Schedule I to the Children Act 1989".'.
§ 390 Page 115, line 44, at end insert —
- "(a) where the proceedings —
- (i) relate to the exercise of the inherent jurisdiction of the High Court with respect to minors;
- (ii) are brought under the Children Act 1989; or
- (iii) otherwise relate wholly or mainly to the maintenance or upbringing of a minor;".'.
§ The Lord Chancellor
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 386 to 390. I spoke to Amendment No. 386 with Amendment No. 111, to Amendment No. 387 with Amendment No. 212 and to Amendments Nos. 388 to 390 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.