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(c) he had complied with--

(i) a requirement included in a supervision order made with respect to the child ; or

(ii) directions given under such a requirement,

and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in paragraph (c).

(3) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level three on the standard scale.

Persistent failure of child to comply with directions 16B.--(1) Where a child with repect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the local education authority concerned shall notify the appropriate local authority.

(2) Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child. (3) In this paragraph "the appropriate local authority" has the same meaning as in section 33.'.

No. 198, in page 105, line 25, at end insert--

Interpretation 19. In this Part of this Schedule "parent" has the same meaning as in the Education Act 1944 (as amended by Schedule 11).'.-- [Mr. Mellor.]

Clause 35

Interim orders

Amendments made : No. 84, in page 31, line 4, after second which', insert - (i)'.

No. 85, in page 31, line 5, after 34(4)', insert but

(ii) no application for a care order or supervision order has been made with respect to the child,'.

No. 86, in page 31, line 10, leave out if later'.

No. 87, in page 31, line 11, at end insert

if that period ends later than the period mentioned in paragraph (a)'.

No. 88, in page 31, line 14, after examination', insert or other assessment'.

No. 89, in page 31, line 15, at end insert

; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment'.

No. 90, in page 31, line 18, after examination', insert or assessment'.

No. 91, in page 31, line 19, after examination', insert or assessment'.

No. 92, in page 31, line 26, leave out subsection (9) and insert--


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(9) Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order.'. [Mr. Mellor.]

Clause 36

Discharge and variation etc. of care orders and supervision orders

Amendments made : No. 94, in page 32, line 8, leave out subsection (5).

No. 95, in page 32, line 12, leave out from (4)' to any' in line 15.-- [Mr. Mellor.]

Clause 37

Representation of child and of his interests in certain proceedings

Amendments made : No. 96, in page 32, line 44, at end insert-- (cc) on an application under section 36(4) ;'.

No. 97, in page 33, line 4, at end insert--

(ee) under Part V ;'.

No. 98, in page 33, line 12, after (ii)', insert--

(iv) the refusal of an application under section 36(4) ; (v) the making, or refusal to make, an order under Part V'. No. 99, in page 33, line 42, at end insert--

(11) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of-- (

(a) any statement contained in a report made by a guardian ad litem who is appointed under this section for the purpose of the proceedings in question ; and

(b) any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.'.-- [Mr. Mellor.]

Clause 38

Orders for emergency protection of children

Amendments made : No. 100, in page 34, line 5, leave out from second if' to end of line 10 and insert--

it is satisfied that--

(a) there is reasonable cause to believe that the child is likely to suffer significant harm if--

(i) he is not removed to accommodation provided by or on behalf of the applicant ; or

(ii) he does not remain in the place in which he is then being accommodated ;

(b) in the case of an application made by a local authority-- (

(i) enquiries are being made with respect to the child under section 41(1)(b) ; and

(ii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency ; or

(c) in the case of an application made by an authorised person-- (

(i) the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm ;

(ii) the applicant is making enquiries with respect to the child's welfare ; and

(iii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.


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(1A) In this section--

(a) "authorised person" means a person who is an authorised person for the purposes of section 28 ; and

(b) "a person authorised to seek access" means--

(i) in the case of an application by a local authority, an officer of the local authority or a person authorised by the authority to act on their behalf in connection with the enquiries ; or

(ii) in the case of an application by an authorised person, that person.

(1B) Any person--

(a) seeking access to a child in connection with enquiries of a kind mentioned in subsection (1) ; and

(b) purporting to be a person authorised to do so,

shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.'.

No. 101, in page 34, line 25, leave out from beginning to as' in line 28, and insert--

(3) Where an emergency protection order is in force with respect to a child, the applicant--

(a) shall only exercise the power given by virtue of subsection (2)(b) in order to safeguard the welfare of the child.

(b) shall take and shall only take such action in meeting his parental responsibility for the child.'.

No. 102, in page 34, line 37, after examination', insert or other assessment'.

No. 103, in page 34, line 37, at end insert--

(4A) Where any direction is given under subsection (4)(b), the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment.'. No. 104 in page 34, line 40, after examination', insert or assessment'.

No. 105, in page 34, line 41, after examination', insert or assessment'.

No. 106, in page 35, line 2, leave out from child' to end of line 4 and insert--

and--

(a) the applicant has exercised the power given by subsection (2)(b)(i) but it appears to him that it is safe for the child to be returned ; or

(b) the application has exercised the power given by subsection (2)(b)(ii) but it appears to him that it is safe for the child to be allowed to be removed from the place in question.'.

No. 107 in page 35, line 30, after him', insert--

(dd) any person who is allowed to have contact with the child by virtue of an order under section 31 ;'.-- [Mr. Mellor.]

Clause 39

Duration of emergency protection orders and other supplemental provisions

Amendments made : No. 108, in page 36, line 15, leave out from may' to end of line 24 and insert

extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.'. No. 109, in page 36, line 33, leave out from (8)' to any' in line 34.

No. 110, in page 36, line 42, leave out

made by virtue of rules under subsection (8)'

and insert

for the discharge of an emergency protection order'.

No. 300, in page 36, line 44, at end insert--

(9A) No appeal may be made against the making of, or refusal to make, an emergency protection order or against any direction given by the court in connection with such an order.'.


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No. 111, in page 36, line 45, after apply', insert--

(a) where the person who would otherwise be entitled to apply for the emergency protection order to be discharged--

(i) was given notice (in accordance with rules of court) of the hearing at which the order was made ; and

(ii) was present at that hearing ; or

(b)'.

No. 112, in page 37, line 5, leave out subsection (12).-- [Mr. Mellor.]

Clause 40

Removal and accommodation of children by police in cases of emergency

Amendments made : No. 113, in page 37, line 33, at end insert-- (cc) take such steps as are reasonably practicable to discover the wishes and feelings of the child ;'.

No. 114, in page 37, line 38, leave out by or on behalf of a local authority'

and insert

(i) by or on behalf of a local authority ; or

(ii) as a refuge, in compliance with the requirements of section (Refuges for children at risk) ,'.

No. 115, in page 38, line 31, after child', insert--

(dd) any person who is allowed to have contact with the child by virtue of an order under section 31 ;'.-- [Mr. Mellor.]

Clause 41

Local authority's duty to investigate

Amendments made : No. 116, in page 39, line 46, after first order', insert a child assessment order'.

No. 376, in page 40, line 3, after first order', insert a child assessment order'.-- [Mr. Mellor.]

Clause 42

Powers to assist in discovery of children who may be in need of emergency protection

Amendments made : No. 377, in page 41, line 14, at end insert or (4)'.

No. 378, in page 41, line 26, at end insert

using reasonable force if necessary'-- [Mr. Mellor.]

Clause 43

Abduction of children in care etc.

Amendment made : No. 117, in page 42, line 14, leave out subsection (4).-- [Mr. Mellor.]

Clause 44

Recovery of abducted children etc.

Amendments made : No. 118, in page 42, line 34, after constable', insert

or an officer of the court'.

No. 379, in page 42, line 36, at end insert

using reasonable force if necessary'.

No. 119, in page 42, line 37, after order' insert only'. No. 120, in page 43, line 34, at end insert--

(13) A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it.


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