HC Deb 30 July 1956 vol 557 cc932-3

Lords Amendment: In page 2, line 41, after "a" insert "superior".

Mr. P. Thorneycroft

I beg to move, That this House doth agree with the Lords in the said Amendment.

This meets a point which was originally made by, I think, the hon. Member for Islington, East (Mr. E. Fletcher) at one stage of the Bill when I was asked what the position was about a writ of certiorari or mandamus, which threw up the question as to just what would be the relation between the Restrictive Trade Practices Court and Divisions of the High Court. The matter has been considered by the Law Officers and my noble Friend the Lord Chancellor. It has been decided that the best course to adopt is that the Court should be upon the same level as the Divisions of the High Court, although it will not, of course, be a Division of the High Court, and a writ of certiorari or mandamus would not issue against it. There is a precedent for this in Section 17 (6) of the Railway and Canal Traffic Act, 1888.

Question put and agreed to.