HL Deb 16 October 1995 vol 566 cc582-3

3.39 p.m.

Report received.

Schedule 3 [Transitional Provisions, Transitory Modifications and Savings]:

Lord Rodger of Earlsferry moved Amendment No. 1:

Page 28, line 19, leave out ("by regulations").

The noble and learned Lord said: My Lords, the amendment acknowledges the fact that commencement provisions will usually be made by order rather than by regulation. I beg to move.

On Question, amendment agreed to.

Schedule 4 [Minor and Consequential Amendments]:

Lord Rodger of Earlsferry moved Amendments Nos. 2 to 5:

Page 59, line 8, leave out ("44") and insert ("45").

Page 59, leave out lines 12 to 17.

Page 59, line 17, at end insert— ("( ) In section 50 (treatment of child's case on remission by court)—

  1. (a) in subsection (1), for the words "section 173, 372 or 373 of the Criminal Procedure (Scotland) Act 1975" there shall be substituted "section 49 of the Criminal Procedure (Scotland) Act 1995"; and
  2. (b) in subsection (2), for the words "the said section 373" there shall be substituted "subsection (7) of the said section 49".").

Page 59, line 18, leave out ("51") and insert ("52").

The noble and learned Lord said: My Lords, Amendments Nos. 2 to 5 and 8 to 11 are required because of amendments made at a late stage in your Lordships' House to the Bill which became the Children (Scotland) Act 1995 and which affect the consolidation exercise. I beg to move.

On Question, amendments agreed to.

Lord Roger of Earlsferry moved Amendments Nos. 6 and 7:

Page 59, line 18, after ("supervision)") insert ("— (a)")

Page 59, line 21, at end insert ("; (b) in paragraph (g), for the words "sections 2A to 2C of the Sexual Offences (Scotland) Act 1976" there shall be substituted "sections 1 to 3 of the Criminal Law (Consolidation) (Scotland) Act 1995".").

The noble and learned Lord said: My Lords, these amendments substitute for a reference in the Children (Scotland) Act 1995 to the Sexual Offences (Scotland) Act 1976, which is consolidated in the Criminal Law (Consolidation) (Scotland) Bill, the reference to the consolidated provision. I beg to move.

On Question, amendments agreed to.

Lord Rodger of Earlsferry moved Amendments Nos. 8 to 11:

Page 59, line 22, leave out ("52") and insert ("53").

Page 59, line 24, at end insert— ("( ) In section 63(1) (duty of Principal Reporter where informed by constable of detention of a child) for the words "section 296(3) of the Criminal Procedure (Scotland) Act 1975" there shall be substituted "section 43(5) of the Criminal Procedure (Scotland) Act I995".").

Page 59, line 25, leave out ("75") and insert ("78").

Page 59, line 32, after ("of") insert ("section 3 or).

The noble and learned Lord said: My Lords, I have already spoken to these amendments. I beg to move.

On Question, amendments agreed to.

Schedule 5 [Repeals]:

Lord Roger of Earlsferry moved Amendment No. 12:

Page 62, line 17, at end insert—

("1995 c.36. The Children (Scotland) Act 1995. Section 49.
In Schedule 4, paragraphs 24, 27 and 29.")

The noble and learned Lord said: My Lords, this amendment repeals certain provisions of the Children (Scotland) Act 1995, which textually amend the Criminal Procedure (Scotland) Act 1975 and which arc incorporated in the consolidation. I beg to move.

On Question, amendment agreed to.