HC Deb 16 March 1945 vol 409 cc533-5

12.8 p.m.

The Attorney-General (Sir Donald Somervell)

I beg to move, in page 2, line 45, at end, insert: subsection (1) of section seven of the Matrimonial Causes Act, 1937. This is a small Amendment. It was suggested that we ought to include, in the list of Acts in Clause 2, which deals with varieties of limitations, sub-section (1) of Section Seven of the Matrimonial Causes Act, 1937. That Section gives one party or other to the marriage the right to bring proceedings for nullity, on certain grounds, within a year. It is possible that a marriage might take place and that the husband might be made a prisoner shortly afterwards, and would subsequently discover grounds which would entitle him to proceed under this Section.

Mr. Bowles (Nuneaton)

Could the Attorney-General say why the Public Authorities Protection Act, 1893, is not included among the Statutes listed in Clause 2? Surely there can be no objection to its inclusion. I wonder whether the Attorney-General would amend his Amendment so as to include it, unless there is good reason why it should not be included. It is important.

The Attorney-General

It is in the Limitation Act, 1939. I do not know whether my hon. Friend was in the House when it was dealt with but that Bill collected an immense number of Statutes of Limitation, and put them together, including what was previously in the Public Authorities Protection Act. It was in that Act that the period was extended from six months to a year.

Mr. Bowles

I see that in Clause 4, applying the Bill to Scotland, there is a reference to section one of the Public Authorities Protection Act, 1893.

The Attorney-General

Scotland has its own law on that matter.

Amendment agreed to.

The Attorney-General

I beg to move, in page 3, line at end, insert: (4) Subsection (2) of section fifteen of the Trading with the Enemy Act, 1939 (which provides that a certificate of a Secretary of State shall, for the purposes of proceedings under or arising out of that Act, be conclusive evidence of certain matters affecting the definition of enemy territory) shall apply for the purposes of any action to which this Act relates. This is a drafting Amendment. There is a provision in the Trading with the Enemy Act that the certificate of the Secretary of State as to what is enemy territory, should be conclusive evidence. That provision ought to apply in this Measure as well. In some cases, it is a Board of Trade Order which determines the matter; in some cases a certificate from the Secretary of State.

Amendment agreed to.

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

Clauses 3 and 4 ordered to stand part of the Bill.