HC Deb 03 May 1937 vol 323 cc854-5

6.45 p.m.

Mr. Wedderburn

I beg to move, in page 43, line 10, at the end, to insert: (6) Sub-section (2) of Section twenty-one, and Sub-section (2) of Section twenty-seven of this Act shall have effect as if the words 'other than a county council' were omitted, but nothing in either of the said Sub-sections shall be construed as authorising a local authority to institute proceedings for any offence against this Act. When we were discussing the Amendments to Clause 21 and Clause 27 my hon. and gallant Friend the Member for Bury St. Edmunds (Captain Heilgers) asked why we were conferring these functions on county councils in Scotland but not in England. The reason is that in Scotland we have no rural district councils, and the functions which are performed by those councils in England are carried out by county councils in Scotland. The Committee will see that in this Amendment we do not authorise local authorities to institute proceedings for offences under this Bill. The reason is that in Scotland prosecutions are normally instituted by the Procurator-Fiscal, our theory of criminal law being that a crime is an offence against society.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.