HC Deb 14 July 1950 vol 477 c1725
Mr. Ede

I beg to move, in page 15, line 34, to leave out from the beginning, to "cancel," in line 38, and to insert: At any time while a maintenance order is registered under this Part of this Act in any court, an application for the cancellation of the registration may be made in the prescribed manner to the prescribed officer of that court by or on behalf of the person entitled to payments under the order; and upon any such application that officer shall (unless procedings for the variation of the order are pending in that court). As at present drawn, subsection (1) gives a person entitled to payments made under an order registered in a court in another part of the United Kingdom an absolute right to have the registration cancelled. This would mean that a person entitled to payments could block any proceedings in the court of registration on the part of the person liable to payments for a variation in the rate of the payments by having the registration cancelled before those proceedings have been completed. This Amendment is designed to remedy this defect by providing that registration shall not be cancelled while any proceedings for variation are pending in the court in which the order is registered.

Amendment agreed to.

The Lord Advocate

I beg to move, in page 16, line 10, to leave out "to that effect," and to insert: of the cancellation in the prescribed manner. With permission, perhaps this Amendment and the next one—page 16, line 11—might be taken together. These two Amendments form part of a series of Amendments to which my right hon. Friend has already referred. They make corresponding provision in relation to notice of cancellation of registration to that already made in relation to notice of registration by the Amendment previously dealt with in Clause 17, page 11, line 7.

Amendment agreed to.

Further Amendment made: In page 16, line 11, at end insert: and the last-mentioned officer shall cause particulars of the notice to be registered in his court in the prescribed manner."—[The Lord Advocate.]