HC Deb 23 October 1945 vol 414 cc1845-6
6. Mr. McKinlay

asked the Secretary of State for Scotland to what extent, in the case of an education authority which, in the enforcement of school attendance, appoints its own procurator and bears the whole expenses of the prosecution, including payment of court dues, the fines re- coverable in such prosecutions are payable to the Treasury instead of, as in the past, to the authority; and if he proposes to restore the status quo.

Mr. Buchanan

Under the revised arrangements in the Education (Scotland) Act, 1945, all fines imposed in the Sheriff Court are payable to the Exchequer, but under the Summary Jurisdiction Act, the Sheriff may direct that the expenses incurred by the prosecutor shall be met in whole or in part out of any such fine. The answer to the second part of the Question is in the negative.

Mr. McKinlay

In view of the state of Business at the end of the last Parliament when this Measure was being put through, will the hon. Gentleman speak to his right hon. Friend and have consultations with the local authorities on the question of the restoration of the status quo?

Mr. Buchanan

All I can say is that this is now the Act and we have got to administer it. The only question is whether the Act should be altered or not by further amending legislation. When my right hon. Friend the Secretary of State returns to his duties, I shall be pleased to consult him on the subject.