House of Commons Hansard Debates for 27 Oct 1989

Mr. Tom Clarke : I beg to ask leave to withdraw the motion. Motion and clause, by leave, withdrawn.

Amendment made : No. 240.

Schedule 9A

Jurisdiction

Part I

General

Commencement of proceedings 1.--(1) The Lord Chancellor may by order specify proceedings under this Act or the Adoption Act 1976 which may only be commenced in--

(a) a specified level of court ;

(b) a court which falls within a specified class of court ; or (

(2) The Lord Chancellor may by order specify circumstances in which specified proceedings under this Act or the Adoption Act 1976 (which might otherwise be commenced elsewhere) may only be commenced in-- (

(a) a specified level of court ;

(b) a court which falls within a specified class of court ; or (

(3) The Lord Chancellor may by order make provision by virtue of which, where specified proceedings with respect to a child under-- (

(a) this Act ;

(b) the Adoption Act 1976 ; or

have been commenced in or transferred to any court (whether or not by virtue of an order under this Schedule), any other specified family proceedings which may affect, or are otherwise connected with, the child may, in specified circumstances, only be commenced in that court.

(4) A class of court specified in an order under this Schedule may be described by reference to a description of proceedings and may include different levels of court.

Transfer of proceedings

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2.--(1) The Lord Chancellor may by order provide that in specified circumstances the whole, or any specified part of, specified proceedings to which this paragraph applies shall be transferred to-- (

(a) a specified level of court ;

(b) a court which falls within a specified class of court ; or (

(2) Any order under this paragraph may provide for the transfer to be made at any stage, or specified stage, of the proceedings and whether or not the proceedings, or any part of them, have already been transferred.

(3) The proceedings to which this paragraph applies are (

(a) any proceedings under this Act ;

(b) any proceedings under the Adoption Act 1976 ;

(i) are family proceedings for the purposes of this Act, other than proceedings under the inherent jurisdiction of the High Court ; and (

(ii) may affect, or are otherwise connected with, the child concerned.

(4) Proceedings to which this paragraph applies by virtue of sub-paragraph (3)(c) may only be transferred in accordance with the provisions of an order made under this paragraph for the purpose of consolidating them with proceedings under

(a) this Act ;

(b) the Adoption Act 1976 ; or

(5) An order under this paragraph may make such provision as the Lord Chancellor thinks appropriate for excluding proceedings to which this paragraph applies from the operation of any enactment which would otherwise govern the transfer of those proceedings, or any part of them.

Hearings by single justice

3.--(1) In such circumstances as the Lord Chancellor may by order specify--

(a) the jurisdiction of a magistrates' court to make an emergency protection order ;

(b) any specified question with respect to the transfer of specified proceedings to or from a magistrates' court in accordance with the provisions of an order under paragraph 2,

may be exercised by a single justice.

(2) Any provision made under this paragraph shall be without prejudice to any other enactment or rule of law relating to the functions which may be performed by a single justice of the peace. General

4.--(1) For the purposes of this Schedule--

((a) the commencement of proceedings under this Act includes the making of any application under this Act in the course of proceedings (whether or not those proceedings are proceedings under this Act) ; and

(b) there are three levels of court, that is to say the High Court, any county court and any magistrates' court.

(2) In this Schedule "specified means specified by an order made under this Schedule.

(3) Any order under paragraph 1 may make provision as to the effect of commencing proceedings in contravention of any of the provisions of the order.

(4) An order under paragraph 2 may make provision as to the effect of a failure to comply with any of the provisions of the order. (5) An order under this Schedule may--

(a) make such consequential, incidental or transitional provision as the Lord Chancellor considers expedient, including provision amending any other enactment so far as it concerns the jurisdiction of any court or justice of the peace ;

(b) make provision for treating proceedings which are

(i) in part proceedings of a kind mentioned in paragraph (a) or (b) of paragraph 2(3) ; and

(ii) in part proceedings of a kind mentioned in paragraph (c) of paragraph 2(3),

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as consisting of proceedings of one or other of those kinds, for the purposes of the application of any order made under paragraph 2. Part II-- Consequential Amendments-- The Administration of Justice Act 1964 (c. 42) 5. In section 38 of the Administration of Justice Act 1964 (interpretation), the definition of "domestic court", which is spent, shall be omitted.

The Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22) 6. In the Domestic Proceedings and Magistrates' Courts Act 1978-- (

(a) for the words "domestic proceedings", wherever they occur in sections 16(5)(c) and 88(1), there shall be substituted "family proceedings" ;

(b) for the words "domestic court panel", wherever they occur in section 16(5)(b), there shall be substituted "family panel". The Justices of the Peace Act 1979 (c.55) 7. In the Justices of the Peace Act 1979--

(a) for the words "domestic proceedings", wherever they occur in section 16(5), there shall be substituted "family proceedings" ; (

(b) for the words "domestic court", wherever they occur in section 17(3), there shall be substituted "family proceedings court" ; (

(c) for the words "domestic courts", wherever they occur in sections 38(2) and 58(1) and (5), there shall be substituted "family proceedings courts".

The Magistrates' Courts Act 1980 (c. 43) 8. In the Magistrates' Courts Act 1980--

(a) in section 65(1) (meaning of family proceedings), the following paragraph shall be inserted after paragraph (m)--

"(n)the Children Act 1989" ;

(b) in section 65(2)(a) for the words "and (m)" there shall be substituted "(m) and (n)" ;

(c) for the words "domestic proceedings", wherever they occur in sections 65(1), (2) and (3), 66(1) and (2), 67(1), (2) and (7), 69(1), (2), (3) and (4), 70(2) and (3), 71(1) and (2), 72(1), 73, 74(1), 121(8) and 150(1), there shall be substituted "family proceedings" ; (d) for the words "domestic court panel", wherever they occur in sections 66(2), 67(2), (4), (5), (7) and (8) and 68(1), (2) and (3), there shall be substituted "family panels" ;

(e) for the words "domestic courts panels", wherever they occur in section 67(3), (4), (5) and (6), there shall be substituted "family panels" ;

(f) for the words "domestic courts", wherever they occur in sections 67(1), (3) and 68(1), there shall be substituted "family proceedings courts" ;

(g) for the words "domestic court", wherever they occur in section 67(2) and (5), there shall be substituted "family proceedings court".

The Supreme Court Act 1981 (c. 54) 9. In paragraph 3 of Schedule 1 to the Supreme Court Act 1981 (distribution of business to the Family Division of the High Court), the following sub-paragraph shall be added at the end--

"(e) proceedings under the Children Act 1989".

The Matrimonial and Family Proceedings Act 1984 (c. 42) 10. In section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates' courts to include applications to alter maintenance agreements) for the words "domestic proceedings", wherever they occur, there shall be substituted "family proceedings".

Insolvency Act 1986 (c.45) 11.--(1) In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt

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arising under any order made in family proceedings or in domestic proceedings), the words "or in domestic proceedings" shall be omitted.

(2) In section 281(8) of that Act (interpretation), for the definitions of "domestic proceedings" and "family proceedings" there shall be substituted- -

" family procedings' means--

(a) family proceedings within the meaning of the Magistrates' Courts Act 1980 and any proceedings which would be such proceedings but for section 65(1)(ii) of that Act (proceedings for variation of order for periodical payments) ; and

(b) family proceedings within the meaning of Part V of the Matrimonial and Family Procedings Act 1984.".'.-- [Mr. Mellor.]

Clause 16

Day care for pre-school children

Amendment proposed : No. 44, in page 12, line 31 leave out they consider' and insert is'.-- [Mr. Mellor.]

Mr. Deputy Speaker : With this it will be convenient to take Government amendments Nos. 46 to 48.

Ms. Hilary Armstrong (Durham, North-West) : I intervene now although my comments also apply to later amendments, clause 64 and schedule 8. I wish to deal with the age at which the Government accept responsibility for registration of children's day care schemes. I am pleased that in these amendments the Government have raised the age from five to eight, but I am disappointed that they have stopped at the age of eight. Children over eight are still at a vulnerable age and can be exploited easily. As has been said in a previous debate, some wicked people may have motives that are difficult to detect before the event. Nevertheless, we must be vigilant. We are concerned that by raising the age limit to only eight years the Government are not allowing for the vigilance that we feel is necessary. Our argument applies wherever in the day care arrangements the Government are raising the age of responsibility from five years to eight. We would have wished the limit to be raised to 14 years. This is an issue to which we shall have to return.

Mr. Mellor : I accept that there is a genuine difference between us. The hon. Member for Durham, North-West (Ms. Armstrong) has properly put her argument before the House. I shall not repeat the reasons why the Government have taken the view that they have. Among the many things that we agree about, the issue remains a piece of unfinished business and a difference between us.

It was remiss of me not to have said initially that the amendment reflects an argument advanced by my hon. Friend the Member for Chislehurst (Mr. Sims). I promised to consider it, and as has happened so often during the progress of the Bill, having considered the argument I found that I agreed with it. I hope that my hon. Friend is satisfied.

Amendment agreed to.

Mr. Mellor : I beg to move amendment No. 45, in page 12, line 35, after including', insert training'.

Having disappointed the hon. Member for Durham, North-West (Ms. Armstrong) on one point, I can tell her that the amendment before us is the equivalent of one which she moved in Committee. I found her arguments persuasive and the amendment reflects them.

Amendment agreed to.

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Amendments made : No. 46, in page 12, line 40, leave out from care'" to form' in line 42 and insert means any'.

No. 47, in page 13, line 3, leave out they consider' and insert is'.

No. 48, in page 13, line 9, leave out from (7)' to end of line 14 and insert In this section'.-- [Mr. Mellor.]

Clause 17

Review of provision for day care, child minding etc.

Amendment made : No. 293, in page 13, line 17, after authority', insert in England and Wales'.-- [Mr. Mellor.]

Mr. Mellor : I beg to move amendment No. 49, in page 13, line 18, leave out from provision' to end of line 19 and insert

which they make under section 16'.

Mr. Deputy Speaker : With this it will be convenient to take Government amendments Nos. 50, 51 and 374.

Mr. Mellor : The amendment reflects an undertaking given in Committee which I am glad that we have been able to honour. Amendment agreed to.

Amendments made : No. 50, in page 13, line 21, leave out five' and insert eight'.

No. 51, in page 13, line 24, leave out five' and insert eight'. No. 374, in page 13, line 24, after persons', insert other than the authority'.

No. 294, in page 13, line 26, leave out this section' and insert subsection (1)'.

No. 295, in line 28, at end insert--

(2A) Every local authority in Scotland shall, at least once in every review period, review--

(a) the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 64(1)(b) ; and

(b) the extent to which the services of child minders are available within their area with respect to children under the age of eight.'. No. 296, in line 29, after authorities', insert

or, in Scotland, the authority'.

No. 52, in line 30, leave out five' and insert eight'. No. 297, in line 33, leave out in England and Wales'.

No. 298, in page 14, line 6, after health authority', insert or health board'.

No. 363, in line 7, at end insert--

(7) In the application of this section to Scotland, "day care" has the same meaning as in section (Application of Part X to Scotland) and "health board" has the same meaning as in the National Health Service (Scotland) Act 1978.'.-- [Mr. Mellor.]

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