'Foster Children (Scotland) Act 1984 (c.56)

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

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  1. —(1) The Foster Children (Scotland) Act 1984 shall be amended in accordance with this paragraph.
  2. (2) In section 2 (exceptions to definition of "foster child")—
    1. (a) in subsection (1), for the words "in the care of a local authority or a voluntary organisation" substitute "being looked after by a local authority";
    2. (b) in subsection (3), the words "within the meaning of the Social Work (Scotland) Act 1968" shall cease to have effect;
    3. (c) in subsection (5), the words "; or (b) while he is a protected child within the meaning of section 32 of the said Act of 1978" shall cease to have effect; and
    4. (d) after subsection (5) add—
      1. "(6) The reference in subsection (1) above to a child being looked after by a local authority shall be construed as if it were a reference to which section 17(7) of the Children (Scotland) Act 1995 applies.".
  3. (3) In section 3(4) (saving for Social Work (Scotland) Act 1968), for the words "the Social Work (Scotland) Act 1968" substitute "Part II of the Children (Scotland) Act 1995".
  4. (4) In section 7(1) (persons disqualified from keeping foster children)—
    1. (a) in paragraph (b), after the word "1968" insert "or under section 61 of the Children (Scotland) Act 1995"; and
    2. (b) after paragraph (d) insert—
      1. "(dd) his parental rights and parental responsibilities (within the meaning of the Children (Scotland) Act 1995) have been transferred, by an order under section 76(1) of that Act, to a local authority;".
  5. (5) In section 12 (removal of foster children on complaint of local authority), for subsection (5) substitute—
    1. "(5) For the purposes of section 21 of the Children (Scotland) Act 1995 (and for the reason mentioned in subsection (1)(c) of that section) a child removed under this section shall be regarded as requiring accommodation.".
  6. (6) In section 21(1) (interpretation)—
    1. (a) in the definition of "residential establishment", after the word "1968" insert "or of Part II of the Children (Scotland) Act 1995"; and
    2. (b) for the definition of "supervision requirement", substitute—
"supervision requirement" has the meaning given by section 61(1) of the Children (Scotland) Act 1995;".'. No. 148, in page 90, line 37, after '1995);";' insert— (aa) in the definition of "guardian", paragraph (b) shall cease to have effect;'. No. 149, in page 90, line 43, at beginning insert— '—(1) The Legal Aid (Scotland) Act 1986 shall be amended in accordance with this paragraph.(2)' No. 150, in page 90, line 43, leave out 'of the Legal Aid (Scotland) Act 1986'. No. 151, in page 90, line 47, at end insert— '(3) In section 41 (interpretation), in the definition of "person", the existing words from "does" to the end shall be paragraph (a) and after that paragraph there shall be added—; and(b) in connection with civil legal aid or with providing advice and assistance in connection with any civil matter (but without prejudice to any question of legal capacity arising in connection with criminal legal aid or with providing advice and assistance in connection with any criminal matter) includes a person under the age of sixteen years if he has legal capacity, by virtue of section 2(4A) of the Age of Legal Capacity (Scotland) Act 1991, to instruct a solicitor.".'. No. 211, in page 92, line 27, leave out sub-paragraph (4).
No. 152, in page 93, line 42, leave out from first 'solicitor' to end of line 43 and insert ',in connection with any civil matter, where that person has a general understanding of what it means to do so; and without prejudice to the generality of this subsection a person twelve years of age or more shall be presumed to be of sufficient age and maturity to have such understanding.
  1. (4B) A person who by virtue of subsection (4A) above has legal capacity to instruct a solicitor shall also have legal capacity to sue, or to defend, in any civil proceedings.
  2. (4C) Subsections (4A) and (4B) above are without prejudice to any question of legal capacity arising in connection with any criminal matter.".'.
No. 212, in page 94, line 12, leave out from beginning to end of line 14 and insert— '"Social Work (Scotland) Act 1968" substitute "Children (Scotland) Act 1995".'. No. 213, in page 94, line 15, leave out from 'interpretation)' to end of line 28 and insert '—
  1. (a) in the definition of "contact order"—
    1. (i) after the word "meaning" insert "—
      1. (a) except in relation to an order made Scotland,"; and
    2. (ii) at the end, add "; and
      1. (b) in relation to an order there made, given by section 11(2)(d) of the Children (Scotland) Act 1995."; and
  2. (b) in the definition of "parental responsibility"—
    1. (i) after the word "responsibility"" insert "—
      1. (a) except in relation to Scotland,"; and
    2. (ii) at the end add "; and
  3. (b) in relation to Scotland, shall be construed as a reference to "parental responsibilities" within the meaning given by section 1(3) of the Children (Scotland) Act 1995;".'.
No. 214, in page 94, line 40, at end insert—