NOTICES OF AMENDMENTS
given up to and including
Monday 18th March 2002
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
ADOPTION AND CHILDREN BILL, AS AMENDED
The Amendments have been arranged in accordance with the Programme Motion to be moved by Mr Robin Cook.
Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
6
Page 4, line 24 [Clause 4], after 'needs', insert 'or needs of connected persons'.
Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
7
Page 4, line 30 [Clause 4], leave out from 'services', to end of line 31 and insert 'the local authority has the duty to provide suitable services to that person.'.
Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
3
Page 4, line 30 [Clause 4], leave out 'decide whether to'.
Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
4
Page 4, line 31 [Clause 4], after 'person', insert 'and provide a written explanation of their reasons if those support services will not be forthcoming'.
Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
5
Page 5, line 9 [Clause 4], after 'conditions', insert 'and provide for a review of a decision not to provide adoption support services,'.
Mr Secretary Milburn
48
Page 7, line 42 [Clause 9], after '12' insert '52'.
Mr Secretary Milburn
43
Page 9, line 7 [Clause 10], leave out 'fee of a prescribed amount' and insert 'prescribed fee'.
Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
22
Page 9, line 31 [Clause 12], leave out subsection (1) and insert—
'(1) Regulations under section 9 may establish a procedure under which any person in respect of whom a determination has been made by an adoption agency may apply to an organisation or panel, independent of any local authority or voluntary adoption agency but approved by the appropriate Minister for a review of that determination.'.
Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean
23
Page 10, line 40 [Clause 14], leave out subsection (1) and insert—
'(1) If as a result of an independent review any local authority is found to have failed, without reasonable cause, to comply with any of the duties imposed on them by virtue of this Act, the appropriate Minister may make an order declaring that authority to be in default in respect of that duty.'.
Mr Secretary Milburn
34
Page 11, line 1 [Clause 14], after 'Act' insert 'or of section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999'.
NEW CLAUSES RELATING TO THE ADOPTION AND CHILDREN ACT REGISTER
Use of an organisation as agency for payments
Mr Secretary Milburn
NC8
To move the following Clause:—
'(1) An Order under section 116 may authorise an organisation with which an arrangement is made under section 117 to act as agent for the payment or receipt of sums payable by adoption agencies to other adoption agencies and may require adoption agencies to pay or receive such sums through the organisation.
(2) The organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Secretary of State; and the directions may be of general application (or general application in any part of Great Britain) or be special directions.
(3) An exercise of the Secretary of State's power to give directions under subsection (2) requires the agreement of the Scottish Ministers (if any payment agency provision applies to Scotland) and of the Assembly (if any payment agency provision applies to Wales)'.
Territorial application
Mr Secretary Milburn
NC9
To move the following Clause:—
'(1) In this group of sections, "adoption agency" means—
| (a) | a local authority in England, |
| (b) | a registered adoption society, where the registration authority is the National Care Standards Commission. |
(2) An Order under section 116 may provide for any requirements imposed on adoption agencies in respect of the register to apply—
| (a) | to Scottish local authorities and to voluntary organisations providing a registered adoption service, |
| (b) | to local authorities in Wales and to registered adoption societies, where the registration authority is the Assembly, |
and, in relation to the register, references to adoption agencies in this group of sections include any authorities or societies mentioned in paragraphs (a) and (b) to which an Order under that section applies those requirements.
(3) For the purposes of this group of sections, references to the register applying to Scotland or Wales are to those requirements applying as mentioned in paragraph (a) or, as the case may be, (b) of subsection (2).
(4) An Order under section 116 may apply any provision made by virtue of section [Use of an organisation as agency for payments]—
| (a) | to Scottish local authorities and to voluntary organisations providing a registered adoption service, |
| (b) | to local authorities in Wales and to registered adoption societies, where the registration authority is the Assembly. |
(5) For the purposes of this group of sections, references to any payment agency provision applying to Scotland or Wales are to provision made by virtue of section [Use of an organisation as agency for payments] applying as mentioned in paragraph (a) or, as the case may be, (b) of subsection (4)'.
Mr Secretary Milburn
68
Page 66, line 13 [Clause 116], leave out from beginning to 'establish' and insert 'Her Majesty may by Order in Council make provision for the Secretary of State to'.
Mr Secretary Milburn
69
Page 66, line 20 [Clause 116], leave out subsections (2) and (3) and insert—
'(2A) For the purpose of giving assistance in finding persons with whom children may be placed for purposes other than adoption, an Order under this section may —
| (a) | provide for the register to contain information about such persons and the children who may be placed with them, and |
| (b) | apply any of the other provisions of this group of sections (that is, this section, sections 117 to 120, section [Use of an organisation as agency for payments] and section [Territorial application]) with or without modifications'. |
Mr Secretary Milburn
70
Page 66, line 31 [Clause 116], leave out 'Regulations' and insert 'An Order under this section'.
Mr Secretary Milburn
71
Page 66, line 33 [Clause 116], leave out subsection (6).
Mr Secretary Milburn
72
Page 66, line 38 [Clause 117], leave out 'with the Assembly's agreement'.
Mr Secretary Milburn
73
Page 66, line 39 [Clause 117], leave out 'his function' and insert 'any function of his under an Order under section 116'.
Mr Secretary Milburn
74
Page 67, line 3 [Clause 117], leave out subsection (3).
Mr Secretary Milburn
75
Page 67, line 9 [Clause 117], leave out from 'any' to end of line 14 and insert 'directions given by the Secretary of State and the directions may be of general application (or general application in any part of Great Britain) or be special directions.
( ) An exercise of the Secretary of State's powers under subsection (1) or (4) requires the agreement of the Scottish Ministers (if the register applies to Scotland) and of the Assembly (if the register applies to Wales).
( ) References in this group of sections to the registration organisation are to any organisation for the time being performing functions in respect of the register by virtue of arrangements under this section'.
Mr Secretary Milburn
76
Page 67, line 16 [Clause 118], leave out 'Regulations' and insert 'An Order under section 116'.
Mr Secretary Milburn
77
Page 67, line 19 [Clause 118], leave out 'regulations' and insert 'the Order'.
Mr Secretary Milburn
78
Page 67, line 21 [Clause 118], leave out 'Regulations' and insert 'An Order under section 116'.
Mr Secretary Milburn
79
Page 67, line 22 [Clause 118], leave out from 'a' to second 'to' and insert 'prescribed fee'.
