AS AN AMENDMENT TO COMMONS AMENDMENT NO. 117 (Hansard, 25 October 1990)

§ Lord McCluskey
My Lords, the amendment at first sight appears to be a piece of pedantry on my part. I hope to explain to your Lordships that it is not.
The amendment seeks to insert the words, or, as the case may be, they". It follows upon what we have just discussed. By accepting Commons Amendment No. 116, subsection (15) will refer to "a person or body". If Amendment No. 117. is accepted, the provision will state: He or … they shall exercise that function as soon as is reasonably practicable". I suggest that "body" is singular. The noble and learned Lord the Lord Advocate will no doubt point out to me that when one refers to the Solicitors (Scotland) Act 1980 the body—which is the Council of the Law Society—is in the plural and that is why the word "they" is inserted. It seems as though I am stymied by that answer.
However, Clause 1 with regard to the regulation of charities refers to singular bodies. Let us consider Clause 2(2) on page 3 of the Bill. A non-recognised body is, a body which is neither a recognised body; nor a body which is registered as a charity". Therefore in Part I of the Bill "body" is singular and in Part II of the Bill and in the Solicitors (Scotland) Act "bodies" are plural.
Plainly that does not matter a row of beans except that it is another indication that in the preparation of the Bill the draftsmen have been so rushed that they have made a mess of it. No decent. respectable Bill turns a singular body into plural bodies in the course of a few pages. I beg to move.
Moved, That Amendment No. 117A, as an amendment to Commons Amendment No. 117, be agreed to.—(Lord McCluskey.)

§ Lord Fraser of Carmyllie
My Lords, there are strictures that I have to accept in what the noble and learned Lord has said. There has been a change. However, I rest my argument on this. As he pointed out from his own researches, where the body which is under consideration—namely, the Council of the Law Society—is referred to in legislation, it is referred to as "they". If the noble and learned Lord will permit, I respectfully suggest that while he has a point in the context of the Bill and its different parts, in the legislation in relation to solicitors a body is referred to as "they".

§ Lord Cameron of Lochbroom
My Lords, am I correct in understanding that Clause 22 inserts a new clause in earlier legislation; namely, the 1980 Act, where the body has to be referred to in the plural, although in Part I fortunately we have regard to the "body" as a singular person?

§ Lord McCluskey
My Lords, yes, absolutely. In the 1980 Act the council is plural. That is why the council is plural in these sections. But I find it comic that when the draftsman observed that and properly followed the house style of the 1980 Act, he did not at the same time decide that a charitable body should be plural.
However, at the present time there are more important things in the world than the plurality or singularity of the Council of the Law Society of Scotland. I beg leave to withdraw the amendment.
Amendment No. 117A, as an amendment to Commons Amendment No. 117, by leave, withdrawn.