Amendments made: No. 120, in page 7, line 31, at beginning insert 'In the relevant circumstances'.
No. 121, in page 7, line 39, leave out 'In the relevant circumstances'.
No. 122, in page 7, line 46, after 'person' insert
'(provided he is at least sixteen years of age or is a parent of the child)'.
No. 123, in page 8, line 2, leave out 'with whom a child' and insert
No. 124, in page 8, line 23, leave out '(2)' and insert '(1)'.
No. 125, in page 8, line 25, leave out 'subsection (1) above' and insert 'that subsection'.—[Lord James Douglas-Hamilton.]
I beg to move amendment No. 126, in page 8, line 26, leave out 'claiming an interest' and insert—
Lord James DouglÃ¡s-Hamilton:
In the case of "In re D and Another (Minors)", the House of Lords decided that an order freeing the child for adoption and vesting the parental rights and duties of the mother in an adoption agency had the effect of depriving the mother of being able to apply for custody.
Section 3 of the 1986 Act is being replaced by clause 11(3) of the Bill. It is therefore thought that it would be desirable to give statutory effect to the House of Lords' judgment in relation to orders under clause 11. This was a case where the child had been adopted.
These are altogether sensible amendments and I commend them to the House.
Amendment agreed to.
Amendments made: No. 127, in page 8, line 29, at end insertßž
'(3A) The reasons referred to in subsection (3)(a)(iii) above are that the parental responsibilities or parental rights have been—
No. 128, in page 8, line 32, at end insert—
'(4A) In subsection (3A) above—
adoption agency" and "adoption order" have the same meanings as they are given, in section 18 of the Adoption (Scotland) Act 1978, by section 65(1) of that Act; and
parental responsibilities order" has the meaning given by section 76(1) of this Act.'.—[Lord James Douglas-Hamilton.]