Effect of Orders etc. Made in Different Parts of the United Kingdom

Orders of the Day — Children (Scotland) Bill – in the House of Commons at 4:45 pm on 1st May 1995.

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  1. '.—(1) The Secretary of State may make regulations providing for a prescribed order which is made by a court in England and Wales or in Northern Ireland, if that order appears to him to correspond generally to an order of a kind which may be made under Part II of this Act or to a supervision requirement, to have effect in prescribed circumstances and for prescribed purposes of the law of Scotland as if it were an order of that kind or, as the case may be, as if it were a supervision requirement.
  2. (2) The Secretary of State may make regulations providing—
    1. (a) for a prescribed order made under Part II of this Act by a court in Scotland; or
    2. (b) for a supervision requirement,
    if that order or requirement appears to him to correspond generally to an order of a kind which may be made under any provision of law in force in England and Wales or in Northern Ireland, to have effect in prescribed circumstances and for prescribed purposes of the law of England and Wales, or as the case may be of Northern Ireland, as if it were an order of that kind.
  3. (3) Regulations under subsection (1) or (2)(a) above may provide for the order given effect for prescribed purposes to cease to have effect for those purposes, or for the purposes of the law of the place where the order was made, if prescribed conditions are satisfied.
  4. (4) Where a child who is subject to a supervision requirement is lawfully taken to live in England and Wales or in Northern Ireland, the requirement shall cease to have effect if prescribed conditions are satisfied.
  5. (5) Regulations under this section may modify any provision of—
    1. (a) the Social Work (Scotland) Act 1968 or this Act in any application which the Acts may respectively have, by virtue of the regulations, in relation to an order made otherwise than in Scotland;
    2. (b) the Children Act 1989 or the Children and Young Persons Act 1969 in any application which those Acts may respectively have, by virtue of the regulations, in relation to an order prescribed under subsection (2)(a) above or to a supervision requirement; or
    3. (c) the Children (Northern Ireland) Order 1995 or the Children and Young Persons Act (Northern Ireland) 1968 in any application which they may respectively have, by virtue of the regulations, in relation to an order so prescribed or to a supervision requirement.' — [Lord James Douglas-Hamilton.]
Brought up, and read the First time.

5 pm

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

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

Photo of Mr Michael Morris Mr Michael Morris , Northampton South

With this, it will be convenient to discuss Government amendments Nos. 159 and 191.

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

The new clause and amendments are technical. I can explain them in greater detail if any hon. Member so wishes.

Mr. Robert Hughes:

As I did not serve on the Standing Committee, I simply seek an assurance from the Minister that the new clause will end as quickly as possible the problems of cross-border custody. I hope that it covers that problem as there have been cases where court orders in England and Wales have either not been recognised in Scotland or the other way round. It is important that, where custody orders are granted, they are put into effect as speedily as possible so that the parent with custody gets the child back if it has been illegally taken across the border. If the Minister can assure me that the problem is covered in the new clause or elsewhere, I shall be happy to leave matters as they stand.

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

Clause 28, as drafted, does not wholly meet our objectives as it does not provide in all cases for the transfer of a child who moves to or from another jurisdiction within the United Kingdom. It would allow the transfer of welfare cases but would not—this is the problem—include cases where the principal reason for the child being subject to a supervision requirement is that he or she has committed an offence. The new clause covers all the cases that could arise when a child moves. I hope that that meets the hon. Gentleman's point.

Question put and agreed to.

Clause read a Second time, and added to the Bill.