New Clause. — (Procedure on Applications for Affiliation Orders.)

Orders of the Day — Legitimacy Bill – in the House of Commons at 12:00 am on 8th May 1959.

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The proceedings which are domestic proceedings within the meaning of the Magistrates Courts Act, 1952, shall include proceedings on an application for an affiliation order made under the Affiliation Proceedings Act, 1957, section forty-four of the National Assistance Act, 1948, or section twenty-six of the Children Act, 1948 (other than proceedings for the enforcement, revocation, revival or variation of an affiliation order), and section fifty-six of the said Act of 1952 (which defines "domestic proceedings ") shall have effect accordissngly.—[Mr. Parker.]

Brought up, and read the First time.

1.45 p.m.

Photo of Mr John Parker Mr John Parker , Dagenham

I beg to move, That the Clause be read the Second time.

This Clause replaces Clause 5 in the Bill. I should like to thank the Home Office for suggesting this new draft, which is a distinct improvement on my original one.

I understand that it was felt that Section 56 (1) of the Magistrates' Courts Act, 1952, is already rather complicated and that this new Clause would simplify the position and prevent anomalies arising from different proceedings for affiliation orders and maintenance orders. As a result of this Clause, an application for an order—in both cases—would be held in privacy, but proceedings for enforcement or variation, that is to say, proceedings for the payment of money, would not. It is desirable to have proceedings with regard to maintenance orders and affiliation orders on the same lines. I understand that the wording of this Clause would do that.

Photo of Mr Charles Royle Mr Charles Royle , Salford West

I beg to second the Motion.

Question put and agreed to.

Clause read a Second time and added to the Bill.