Minor and Consequential Amendments

Orders of the Day — Children (Scotland) Bill – in the House of Commons at 10:15 pm on 1st May 1995.

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Amendments made: No. 137, in page 80, line 4, leave out 'the'.
No. 138, in page 80, line 9, leave out 'the'.
No. 139, in page 80, line 13, leave out 'the' No. 140, in page 80, line 16, leave out second 'the'.
No. 141, in page 81, line 13, after 'person' insert '(whether or not he has himself attained the age of sixteen years)'. No. 142, in page 81, line 28, after 'responsibilities' insert— '(9B) A person may be a qualified applicant for the purposes of this section whether or not he has attained the age of sixteen years.'. No. 143, in page 81, line 35, at end insert— '12A. Where, at any time after the coming into force of the Age of Legal Capacity (Scotland) Act 1991 but before the coming into force of—

  1. (a) sub-paragraph (2) of paragraph 12 of this Schedule, a person's mother or father, who had not at that time attained the age of sixteen years, purported to apply under section 20(3)(a) of that Act to re-register the person's birth, the mother, or as the case may be the father, shall be presumed to have had legal capacity to make the application; or
  2. (b) sub-paragraph (3)(c) of that paragraph, a person who had not at that time attained the age of sixteen years purported to make an application under any provision of section 43 of that Act ("making an application" including for the purposes of this sub-paragraph, without prejudice to the generality of that expression, signing and delivering a certificate in accordance with sub-section (3) of that section) the person shall be presumed to have had legal capacity to make the application.'.
No. 200, in page 82, line 35, at beginning insert 'Without prejudice to section 6B(1) of this Act,'.
No. 89, in page 83, line 35, leave out 'the' in both places where it occurs.
No. 201, in page 85, line 17, at end insert— '(1A) Section 14 shall cease to have effect.'. No. 202, in page 85, line 33, at end insert—
  1. '(3A) In section 168 (power of court to refer child to reporter where accused convicted of certain offences: solemn proceedings)—
    1. (a) in paragraph (a), the word "female" shall cease to have effect;
    2. (b) in paragraph (ii), after the word "above" insert "or the person in respect of whom the offence so mentioned was committed"; and
    3. (c) for the words "Part III of the Social Work (Scotland) Act 1968" substitute "Chapter 3 of Part II of the Children (Scotland) Act 1995".
  2. (3B) In section 171(2) (regard to be had to certain provisions in presumption of age of child: solemn proceedings)—
    1. (a) for the words "application of the provisions of section 30(1) of the Social Work (Scotland) Act 1968" substitute "the definition of a child for the purposes of Chapters 2 and 3 of Part H of the Children (Scotland) Act 1995"; and
    2. (b) for the words "under Part V of that Act" substitute "by virtue of regulations made under that Act for the purpose of giving effect to orders made in different parts of the United Kingdom".
  3. (3C) In section 177 (directions by court in solemn proceedings as to conveyance of person to residential establishment), the words "provided by a local authority under Part IV of the Social Work (Scotland) Act 1968" shall cease to have effect".
No. 203, in page 85, line 35, leave out from beginning to end of line 36.
No. 204, in page 85, line 38, leave out from beginning to end of line 39.
No. 205, in page 85, line 44, leave out from beginning to 'for' in line 45 and insert—
  1. '(i) in paragraph (a), for the word "care" substitute "supervision"; and
  2. (ii) in paragraph (b),'.
No. 208, in page 85, line 46, for "section 52(2)" substitute "section 57".
No. 206, in page 86, line 14, at end insert—
  1. '(6A) Section 323 shall cease to have effect.
  2. (6B) In section 364 (power of court to refer child to reporter where accused convicted of certain offences: summary proceedings)—
    1. (a) in paragraph (a) the word "female" shall cease to have effect;
    2. (b) in paragraph (ii), after the word "above" insert "or the person in respect of whom the offence so mentioned was committed"; and
    3. (c) for the words "Part III. of the Social Work (Scotland) Act 1968" substitute "Chapter 3 of Part II of the Children (Scotland) Act 1995".
  3. (6C) In section 368(2) (regard to be had to certain provisions in presumption of age of child: summary proceedings)—
    1. (a) for the words "application of the provisions of section 30(1) of the Social Work (Scotland) Act 1968" substitute "the definition of a child for the purposes of Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995"; and
    2. (b) for the words "under Part V of that Act" substitute "by virtue of regulations made under that Act for the purpose of giving effect to orders made in different parts of the United Kingdom".
  4. (6D) In section 378 (directions by court in summary proceedings as to conveyance of person to residential establishment), the words "provided by a local authority under Part IV of the Social Work (Scotland) Act 1968" shall cease to have effect.
  5. (6E) In section 413 (detention of children found guilty in summary proceedings)—
    1. (a) in subsection (1), for the words "residential care" substitute "residential accommodation provided under Part II of the Children (Scotland) Act 1995";
    2. (b) in subsection (3)—
      1. (i) the definitions of "care" and of "the 1968 Act" shall cease to have effect; and
      2. (ii) after the definition of "the appropriate local authority" insert—
      "secure accommodation" has the meaning assigned to it in Part II of the Children (Scotland) Act 1995";
    3. (c) after subsection (3) insert the following subsection—
      1. "(3A) Where a child in respect of whom an order is made under this section is detained by the appropriate local authority, that authority shall have the same powers and duties in respect of the child as they would have if he were subject to a supervision requirement.";
    4. (d) in subsection (4), the words "within the meaning of the 1968 Act" shall cease to have effect;
    5. (e) in subsection (5), the words "(within the meaning of the 1968 Act)" shall cease to have effect;
    6. (f) in subsection (6), for the word "care" substitute "accommodation";
    7. (g) in subsection (6A), the words "within the meaning of the 1968 Act" shall cease to have effect;
    8. (h) in subsection (6B)—
      1. (i) for the words "care of substitute "accommodation provided by"; and
      2. (ii) for the words "their care" substitute "that accommodation or any other such accommodation provided by that authority"; and
    9. (i) in subsection (6C)—
      1. (i) for the word "care" where it first occurs substitute "accommodation provided by the appropriate local authority";
      2. (ii) in paragraph (a), for the word "care" substitute "accommodation";
      3. (iii) in paragraph (b), for the words "residential care" where they first occur substitute "detention in residential accommodation" and for those words where they secondly occur substitute "such detention".
  6. (6F) In section 462 (interpretation) in the definition of—
    1. (a) "child", for the words "by section 30 of the Social Work (Scotland) Act 1968" substitute "for the purposes of Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995";
    2. (b) "children's hearing", for the words "by section 34(1) of the Social Work (Scotland) Act 1968" substitute "in Part II of the Children (Scotland) Act 1995";
    3. (c) "place of safety", for the words "section 94(1) of the Social Work (Scotland) Act 1968" substitute "Part II of the Children (Scotland) Act 1995";
    4. (d) "residential establishment", for the words from "has" to the end substitute "means an establishment within the meaning of that expression for the purposes of the Social Work (Scotland) Act 1968 or, as the case may be, of Part II of the Children (Scotland) Act 1995"; and
    5. (e) "supervision requirement", for the words "by section 44(1) of the Social Work (Scotland) Act 1968" substitute "in Part II of the Children (Scotland) Act 1995".'.
No. 90, in page 86, line 28, leave out from beginning to end of line 41 and insert— '(b) for subsection (2) substitute—(2) In any case where subsection (1) applies, and the child
  1. (a) was being looked after by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 before he began to have his home with the applicant, and
  2. (b) continues to be looked after by such a council,
the council by whom the child is being looked after shall not remove him from the applicant's care and possession except—
  1. (i) with the applicant's consent;
  2. (ii) with the leave of the court; or
  3. (iii) in accordance with an order made, or authority or warrant granted, under Chapter 2 or 3 of Part II of the Children (Scotland) Act 1995.".
(c) at the end add—(5) In this section "looked after" and "residence order" have the meanings given respectively by section 17(7) and section 11(2)(c) of the Children (Scotland) Act 1995; and "residence order" shall have the same meaning in sections 52 and 53 of this Act.".'. No. 91, in page 87, line 19, leave out '83,' and insert '84, 99,'.
No. 209, in page 87, line 19, leave out 'and 102' and insert', 102 and' 103'.
No. 210, in page 87, line 20, leave out from beginning to end of line 27.
No. 144, in page 87, line 39, leave out 'the'.
No. 92, in page 87, line 42, leave out second 'the'.
No. 146, in page 88, line 37, leave out 'and'.
No. 147, in page 88, line 43, at end insert 'and
(c) subsection (4) shall cease to have effect.'. No. 93, in page 89, line 10, at end insert—