§ (2) Any person who is convicted of a third or subsequent offence against the said Section 13 shall be liable on summary conviction to a penalty not exceeding £100 or, in the discretion of the Court, to imprisonment for any term not exceeding twelve months, with or without hard labour, and in addition to any such penalty or imprisonment, may be required by the Court to enter into a recognisance with or without sureties or in Scotland to grant a bond of caution to be of good behaviour for any period not exceeding twelve months, and in default of entering into such recognisance, or granting such bond such person may be imprisoned for a period not exceeding three months in addition to any term of imprisonment awarded in respect of his said offence.1398
§ Mr. MUNRO
I beg to move, at the end of Sub-section (2), to add the words,
"(3) The provisions of Section thirteen of the Criminal Law Amendment Act, in so far as they relate to third or subsequent offences, are hereby repealed.
The object of this Amendment is to repeal Section 13 of the Act of 1885 in so far as it deals with third or subsequent offences. Clause 3, Sub-section (2) of this Bill is plainly intended to supersede the provision in the Act of 1885, in so far as it deals with these offences. The penalty of £100 or twelve months' imprisonment is substituted for a penalty of forty pounds or four months' imprisonment. Although that is so, there is no provision to amend the Act of 1885, far less to repeal the provisions of that Act in so far as they are inconsistent with this Bill. I submit that this would tend to confusion and contradiction in the judicial interpretation of this Bill. Accordingly I move the Amendment to repeal Section 13 of the Act of 1885 in so far as it deals with third and subsequent offences.
§ The LORD ADVOCATE (Mr. Ure)
This is a drafting Amendment, which repeals the thirteenth Section of the Act of 1885, which is superseded by Sub-section (2) of the Clause. We accept the Amendment.
§ Viscount HELMSLEY
On a point of Order, Sir, is not the right place to repeal part of an Act in the Schedule?