HL Deb 24 October 1990 vol 522 cc1460-1

149 Clause 82, page 60, line 40, at end insert:

`(3A) In section 15 (acting stipendiary magistrate) after subsection (2) there shall be inserted the following subsection—

"(2A) Sections 44, 45 and 53 of this Act shall apply to a person acting as a stipendiary magistrate under subsection (1) as they apply to a stipendiary magistrate."

(3B) In section 34 (acting metropolitan stipendiary magistrate) after subsection (2) there shall be inserted the following subsection—

"(2A) Sections 44, 45 and 53 of this Act shall apply to a person acting as a metropolitan stipendiary magistrate under subsection (1) as they apply to a metropolitan stipendiary magistrate.".'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 149. With this amendment I should like to speak also to Amendments Nos. 150, 151, 267 and 285. The amendments all relate to the new provisions concerning the liability of magistrates for damages. Amendment No. 149 makes it clear that the protection provided by Clause 82 will be enjoyed by acting stipendiary magistrates. The other amendments make repeals in legislation which is no longer necessary as a result of the provisions contained in Clauses 82 and 83, provide for transitional arrangements, and preserve any rights of action accrued before the commencement of those clauses.

My noble friend Lord Renton will remember that he raised the question of whether various classes, including acting stipendiary magistrates, were properly included. Amendment No. 149 is the fruit of his endeavours.

Moved, That the House do agree with the Commons in their Amendment No. 149.—(The Lord Chancellor.)

Lord Renton

My Lords, I know that those who raised this matter with me are grateful for the immense amount of trouble taken in getting it right. I should like to add their thanks to mine.

On Question, Motion agreed to.