House of Commons Hansard Debates for 23 Oct 1989

(b) there are special circumstances which justify the making of an order under this subsection.

the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.

(3) Any order revived under this section may be varied or revoked under section 20 in the same way as it could have been varied or revoked had it continued in being."

26E. In section 23(1) of that Act (supplementary provisions with respect to the variation and revocation of orders) for the words "14(3), 20 or 21" there shall be substituted "20" and for the words "section 20 of this Act" there shall be substituted "that section". 26F.--(1) In section 25 of that Act (effect on certain orders of parties living together), in subsection (1)(a) for the words "6 or 11(2)" there shall be substituted "or 6".

(2) In subsection (2) of that section--

(a) in paragraph (a) for the words "6 or 11(2)" there shall be substituted "or 6" ; and

(b) after paragraph (a) there shall be inserted "or".

26G. In section 29(5) of that Act (appeals) for the words "sections 14(3), 20 and 21" there shall be substituted "section 20". 26H. In section 88(1) of that Act (interpretation)--

(a) in the definition of "child", for the words from "an illegitimate" to the end there shall be substituted "a child whose father and mother were not married to each other at the time of his birth" ; and

(b) in the definition of "child of the family", for the words "being boarded-out with those parties" there shall be substituted "placed with those parties as foster parents".'

No. 427, in page 146, line 30, at end insert--

The Magistrates' Courts Act 1980 (c.43) 26I.--(1) In section 59(2) of the Magistrates' Courts Act 1980 (periodical payments through justices' clerk) for the words "the Guardianship of Minors Act 1971 and 1973" there shall be substituted "(or having effect as if made under) Schedule 1 to the Children Act 1989".

(2) For section 62(5) of that Act (payments to children) there shall be substituted--

"(5) In this section references to the person with whom a child has his home--

(a) in the case of any child who is being looked after by a local authority (within the meaning of section 19 of the Children Act 1989), are references to that local authority ; and

(b) in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child.". . --[Mr. Mellor.]

Mr. Mellor : I beg to move amendment No. 233, in page 146, line 37, at end insert--

Page 146, line 37, at end insert--

( ) In section 41 of that Act (wards of court), the following subsection shall be inserted after subsection (2)--

"(2A) Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 89 of the Children Act 1989.)".'.

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Madam Deputy Speaker : With this we shall discuss Government amendments Nos. 410, 146, 395, 148 to 150.

Mr. Mellor : This group of amendments mainly concern the effect of care and supervision orders and their interaction with other orders. Amendment agreed to.

Amendments made : No. 247, in page 146, leave out lines 40 and 41 and insert--

"(ii) the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor's estate".'. No. 428, in page 146, line 41, at end insert--

The Armed Forces Act 1981 (c. 55) 27A. In section 14 of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care and control), in subsection (9A) for the words "the Children and Young Persons Act 1933, the Children and Young Persons Act 1969" there shall be substituted "the Children Act 1989".'.

No. 429, in page 146, line 41, at end insert--

The Civil Jurisdiction and Judgments Act 1982 (c.27) 27B. In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (maintenance and similar payments excluded from Schedule 4 to that Act) for the words "section 47 or 51 of the Child Care Act 1980" there shall be substituted "paragraph 21 of Schedule 2 to the Children Act 1989".'.

No. 430, in page 146, line 43, after 28.' insert--

.--(1) For section 27 of the Mental Health Act 1983 (children and young persons in care of local authority) there shall be substituted the following section--

Children and young persons in care

27. Where--

(a) a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989 ; or

(b) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968,

the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient's husband or wife (if any)."

(2) Section 28 of that Act (nearest relative of minor under guardianship, etc.) is amended as mentioned in sub-paragraphs (3) and (4).

(3) For subsection (1) there shall be substituted--

"(1) Where--

(a) a guardian has been appointed for a person who has not attained the age of eighteen years ; or

(b) a residence order (as defined by section 7 of the Children Act 1989) is in force with respect to such a person,

the guardian (or guardians, where there is more than one) or the person named in the residence order shall, to the exclusion of any other person, be deemed to be his nearest relative."

(4) For subsection (3) there shall be substituted--

"(3) In this section "guardian" does not include a guardian under this Part of this Act.".28A'.

No. 431, in page 146, line 43, leave out

the Mental Health Act 1983'

and insert that Act'.

No. 432, in page 146, line 46, at end insert--

The Mental Health (Scotland) Act 1984 (c.36) 28A. For section 54 of the Mental Health (Scotland) Act 1984 (children and young persons in care of local authority) there shall be substituted the followingsection--

"Children and young persons in care of local authority 54. Where--

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(a) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968 ; or

(b) a patient who is a child or young person is in the care of a local authority by virtue of a care order made under the Children Act 1989,

the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient's husband or wife (if any).'.".'.

No. 351, in page 146, line 46, at end insert--

The Registered Homes Act 1984 (c.23) .--(1) In section 1(5) of the Registered Homes Act 1984 (requirement of registration) for paragraphs (d) and (e) there shall be substituted--

"(d) any community home, voluntary home or children's home within the meaning of the Children Act 1989."

(2) In section 39 of that Act (preliminary) for paragraphs (a) and (b) there shall be substituted--

"(a) the Children Act 1989."

The Matrimonial and Family Proceedings Act 1984 (c.42) . In section 38(2)(b) of the Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings from High Court to county court) after the words "a ward of court" there shall be inserted "or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors".'. No. 234, in page 147, line 6, leave out from (6)' to end of line 7 and insert

for the words from "make arrangements" to the end there shall be substituted "secure that the arrested juvenile is moved to local authority accommodation".

( ) After that subsection there shall be inserted--

"(6A) In this section local authority accommodation' means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989).

(6B) Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him.".'. No. 235, in page 147, line 9, at end insert--

30A. In section 39(4) of that Act (responsibilities in relation to persons detained) for the words "transferred to the care of a local authority in pursuance of arrangements made" there shall be substituted "moved to local authority accommodation".

30B. In Schedule 2 to that Act (preserved powers of arrest) in the entry relating to the Children and Young Persons Act 1969 for the words "Sections 28(2) and" there shall be substituted "Section".'. No. 433, in page 147, line 13, at end insert--

The Child Abduction and Custody Act 1985 (c. 60) 31A.--(1) In sections 9(a) and 20(2)(a) of the Child Abduction and Custody Act 1985 (orders with respect to which court's powers suspended), for the words "any other order under section 1(2) of the Children and Young Persons Act 1969" there shall be substituted "a supervision order under section 28 of the Children Act 1989".

(2) At the end of section 27 of that Act (interpretation), there shall be added--

"(4) In this Act a decision relating to rights of access in England and Wales means a decision as to the contact which a child may, or may not, have with any person."

(3) In Part I of Schedule 3 to that Act (orders in England and Wales which are custody orders for the purposes of the Act), for paragraph 1 there shall be substituted--

"1. The following are the orders referred to in section 27(1) of this Act--

(a) a care order under the Children Act 1989 (as defined by section 28(11) of that Act, read with section 89(1) and Schedule 12) ; (

(b) a residence order (as defined by section 7 of the Act of 1989) ; and

(i) section 9(1), 10(1)(a) or 11(a) of the Guardianship of Minors Act 1971 ;

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(ii) section 42(1) or (2) or 43(1) of the Matrimonial Causes Act 1973 ;

(iii) section 2(2)(b), 4(b) or (5) of the Guardianship Act 1973 as applied by section 34(5) of the Children Act 1975 ;

(v) section 8(2)(a), 10(1) or 19(1)(ii) of the Domestic Proceedings and Magistrates Courts Act 1978 ;

(vi) section 26(1)(b) of the Adoption Act 1976.".'.

No. 434, in page 148, line 9, at end insert--

The Family Law Act 1986 (c. 55)

35A.--(1) The Family Law Act 1986 shall be amended as follows. (2) Subject to paragraphs 35B to 35J, in Part I--

(a) for the words "custody order", in each place where they occur, there shall be substituted "Part I order" ;

(b) for the words "proceedings with respect to the custody of", in each place where they occur, there shall be substituted "Part I proceedings with respect to" ; and

(c) for the words "matters relating to the custody of", in each place where they occur, there shall be substituted "Part I matters relating to".

(3) For section 42(7) (general interpretation of Part I) there shall be substituted--

"(7) In this Part--

(a) references to Part I proceedings in respect of a child are references to any proceedings for a Part I order or an order corresponding to a Part I order and include, in relation to proceedings outside the United Kingdom, references to proceedings before a tribunal or other authority having power under the law having effect there to determine Part I matters ; and

(b) references to Part I matters are references to matters that might be determined by a Part I order or an order corresponding to a Part I order."

35B.--(1) In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)--

(a) for paragraph (a) there shall be substituted--

"(a

(a section 7 order by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order"; and)

(for paragraph (d) there shall be substituted the following paragraphs--) "(d

an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children--

so far as it gives care of a child to any person or provides for contact with, or the education of, a child ; but

(ii

excluding an order varying or revoking such an order ;

an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship--

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