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(14) In this section "the court", in relation to Northern Ireland, means a magistrates' court within the meaning of the Magistrates' Courts (Northern Ireland) Order 1981.'.-- [Mr. Mellor.]Clause 45
Local authority responsibility
Amendment made : No. 121, in page 43, line 35 leave out Clause 45.-- [Mr. Mellor.]
Clause 46
Rules and regulations
Amendment made : No. 380, in page 44, line 9, after (1)' insert Without prejudice to section (Rules of Court) or any other power to make such rules'.-- [Mr. Mellor.]
Clause 64
Registration
Amendments made : No. 302, in page 61, line 4, at end insert-- (13A) For the purposes of this section, a person fosters a child if--
(a) he is a local authority foster parent in relation to the child ;
(b) he is a foster parent with whom the child has been placed by a voluntary organisation ; or
(c) he fosters the child privately.'.
No. 258, in page 61, line 12, leave out from registration'.-- [Mr. Mellor.]
Clause 65
Requirements to be complied with by child minders
Amendment made : No. 388, in page 61, line 31, at end insert-- (3) The Secretary of State may by regulations make provision as to--
(a) requirements which must be imposed by local authorities under this section in prescribed circumstances ;
(b) requirements of such descriptions as may be prescribed which must not be imposed by local authorities under this section.'.-- [Mr. Mellor.]
Clause 66
Requirements to be complied with by persons providing day care for young children
Amendment made : No. 484, in page 62, line 19, at end insert-- (3A) The Secretary of State may by regulations make provision as to--
(a) requirements which must be imposed by local authorities under this section in prescribed circumstances ;
(b) requirements of such descriptions as may be prescribed which must not be imposed by local authorities under this section.'.
Clause 67
Cancellation of registration
Amendments made : No. 130, in page 63, line 12, leave out registration'.
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No. 131, in page 63, line 30, after cultural', insert and linguistic'.-- [Mr. Mellor.]Clause 68
Protection of children in an emergency
Amendments made : No. 389, page 63, leave out line 41 and insert is suffering, or is likely to suffer, significant harm'. No. 390, in page 64, line 6, at end insert--
(5) Where the court imposes or varies any requirement under subsection (1), the requirement, or the requirement as varied, shall be treated for all purposes, other than those of section 70, as if it had been imposed under section 65 or (as the case may be) 66 by the authority concerned.'.-- [Mr. Mellor.]
Clause 70
Appeals
Amendments made : No. 259, in page 64, line 43, at end insert-- (bb) refusing consent under paragraph 2 of Schedule 8 ;'. No. 303, in page 65, line 20, leave out in accordance with rules of' and insert to the'.
No. 304, in page 65, line 20, at end insert--
(6A) In Scotland, an appeal under subsection (6) shall be by summary application to the sheriff and shall be brought within 21 days from the date of the step to which the appeal relates.'. No. 391, in page 65, line 20, at end insert--
(6A) Where the court allows an appeal against the refusal or cancellation of any registration under section 64 it may impose requirements under section 65 or (as the case may be) 66. (6B) Where the court allows an appeal against such a requirement it may, instead of cancelling the requirement, vary it.
(6C) Where the court imposes or varies any requirement under subsection (6A) or (6B) the requirement, or the requirement as varied, shall be treated for all purposes (other than this section) as if it had been imposed by the authority concerned.'.-- [Mr. Mellor.]
Clause 71
Offences
Amendments made : No. 463, in page 65, line 29, after (1)', insert without reasonable excuse'.
No. 464, in page 65, line 39, after (3)', insert without reasonable excuse'.
No. 260, in page 65, line 45, at end insert-- (8A) if any person-- (
(a) acts as a child minder on domestic premises at any time when he is disqualified by regulations made under paragraph 2 of Schedule 8 ; or
(b) contravenes any of sub-paragraphs (3) to (5) of paragraph 2, he shall be guilty of an offence.
(8B) Where a person contravenes sub-paragraph (3) of paragraph 2 he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable ground for believing, that the person in question was living or employed in the household. (8C) Where a person contravenes sub-paragraph (5) of paragraph 2 he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.'.
No. 261, in page 66, line 2, after conviction' insert'-- (
(a) in the case of an offence under subsection (8), to a fine not exceeding level 4 on the standard scale ;
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(b) in the case of an offence under subsection (8A), to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both ; and ((c) in the case of any other offence,'.-- [Mr. Mellor.]
Schedule 8
Child minding and day care for young children
Amendments made : No. 328, in page 121, line 23, leave out in the case of an application under section 64(1)(b)'.
No. 264, in page 121, line 40, leave out so'.
No. 265, in page 121, line 43, at end insert--
( ) an order of a prescribed kind has been made at any time with respect to any child who has been in his care ;
( ) a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment ; (
( ) he has at any time been refused registration under Part X or any other prescribed enactment or had any such registration cancelled.'.
No. 266, in page 121, line 44, leave out kind so specified' and insert prescribed kind'.
No. 267, in page 121, line 5, at end insert--
(3) A person who lives--
(a) in the same household as a person who is himself disqualified by the regulations ; or
(b) in a household at which any such person is employed, shall be disqualified unless he has disclosed the fact to the appropriate local authority and obtained their written consent. (4) A person who is disqualified shall not provide day care, or be concerned in the management of, or have any financial interest in, any provision of day care unless he has
(a) disclosed the fact to the appropriate local authority ; and (
(b) obtained their written consent.
(5) No person shall employ, in connection with the provision of day care a person who is disqualified, unless he has--
(a) disclosed to the appropriate local authority the fact that that person is so disqualified ; and
(b) obtained their written consent.
(6) In this paragraph "enactment" means any enactment having effect, at any time, in any part of the United Kingdom.'.
No. 329, in page 122, line 13, leave out
residential special school in Scotland' and insert school'. No. 330, in page 122, line 14, at end insert--
(ff) self-governing school'.
No. 220, in page 122, leave out lines 15 to 21.
No. 414, in page 122, line 24, leave out Act of 1980' and insert Education (Scotland) Act 1980'.
No. 331, in page 122, line 28, after question', insert
as part of the establishment's activities'.
No. 332, in page 122, line 36, leave out "grant aided", "special school" ' and insert "grant aided school", "self-governing school".'.
No. 467, in page 122, line 42, after a', insert registered'. No. 468, in page 123, line 1, leave out from home' to ; or' in line 2 and insert
provided, equipped and maintained by the Secretary of State ;'. No. 333, in page 123, line 9, after question', insert
as part of the establishment's activities'.
No. 334, in page 123, line 11, at end insert--
(3) In this paragraph "a health service hospital" includes a health service hospital within the meaning of the National Health Service (Scotland) Act 1978.'.
No. 221, in page 123, line 43, at end insert--
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Co-operation between authorities 7A.--(1) Where it appears to a local authority that any local education authority or, in Scotland, education authority could, by taking any specified action, help in the exercise of any of their functions under Part X, they may request the help of that local education authority, or education authority specifying the action in question.(2) An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.'.-- [Mr. Mellor.]
Clause 72
Inspection of children's homes etc. by persons authorised by Secretary of State
Amendments made : No. 262, in page 66, line 8, leave out registered'.
No. 132, in page 66, line 13, at end insert--
(cc) premises in which a child who is being accommodated by or on behalf of a health authority is living ;'.
No. 133, in page 66, line 20, at end insert--
(ff) premises on which any person is acting as a child minder ;'.
No. 134, in page 66, line 21, after premises', insert
with respect to which a person is'.
No. 392, in page 66, line 22, at end insert required to be'. No. 135, in page 66, line 24, at end insert--
(j) premises which are provided by a local authority and in which any service is provided by that authority under Part III.'. No. 305, in page 66, line 24, at end insert--
(hh) independent school providing accommodation for any child.'. No. 306, in page 66, line 32, after (1)', insert
or, in relation to Scotland, subsection (1)(ff) or (g)'. No. 136, in page 66, line 33, leave out or'.
No. 137, in page 66, line 35, at end insert
or
(d) the discharge by any local authority of any of their functions under this Act.'.
No. 263, in page 66, line 40, leave out voluntary home or registered'.
No. 393, in page 66, line 41, at end insert--
(cc) proprietor of an independent school ;'
No. 138, in page 66, line 44, after authority', insert health authority'.
No. 139, in page 67, line 7, leave out persons', and insert children'.-- [Mr. Mellor.]
Clause 74
Financial support by Secretary of State
Amendments made : No. 140, in page 69, line 1, leave out provide, equip and maintain' and insert
arrange for the provision, equipment and maintenance of'. No. 141, in page 69, line 4, after are', insert or will be'.-- [Mr. Mellor.]
Clause 75
Research and returns of information
Amemdments made : No. 142, in page 70, line 7, after each', insert magistrates'.
No. 143, in page 70, line 8, leave out transmit to him' and insert
transmit--
(a) to such person as may be specified in the direction ; and
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(b) '.-- [Mr. Mellor.]Clause 76
Local authority failure to comply with statutory duty : deafult power of Secretary of State
Amendment made : No. 144, in page 70, line 37 at end insert-- (1A) An order under subsection (1) shall give the Secretary of State's reasons for making it.'.-- [Mr. Mellor.]
Clause 80
Care and supervision orders in criminal proceedings. 1969 c. 54
Amendments made : No. 394, in page 72, line 26, leave out subsection (2) and insert--
(2) The powers of the court to make care orders--
(a) under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.) ; and (
(b) under section 15(1) of that Act, on discharging a supervision order made under section 7(i)(b) of that Act,
are hereby abolished.'.
(( No. 145, in page 72, line 28, leave out subsection (3) and insert--
(3) The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 10.'.-- [Mr. Mellor.]
Clause 81
Effect and duration of orders etc
--
No. 146, in page 72, line 34, at end insert--
(2A) The making of a care order with respect to a child who is a ward of court brings that wardship to an end.
(2B) The making of a care order with respect to a child who is the subject of a school attendance order made under section 37 of the Education Act 1944 discharges the school attendance order. (2C) Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.'.
No. 395, in page 72, line 34, at end insert--
(2A) The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.'. No. 147, in page 73, line 3, leave out 8(5)' and insert 8(5A)'. No. 148, in page 73, line 21, at end insert--
(bb) the discharge of an education supervision order ;
No. 396, in page 73, line 23, leave out paragraph (d) and insert-- (d) a child assessment order'.
No. 149, in page 73, line 28, leave out (10)' and insert (11)'. No. 242, in page 73, line 37, leave out clause 82.-- [Mr. Mellor.]
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