HC Deb 26 July 1963 vol 681 cc2025-6

Lords Amendment: In page 9, line 42, at end insert: (2) Section 6(2) of the Law Reform (Limitation of Actions, etc.) Act 1954 (which modifies the time limit of three years for bringing an action in the case of persons under legal disability) shall have effect as if any reference therein to subsection (1) of that section included a reference to subsection (1) of this section: Provided that in relation to any action to which the said section 6(2) applies by virtue of this subsection it shall have effect as if for the words 'three years' therein there were substituted the words 'two years'. (3) The preceding provisions of this section, and the provisions of section 6(2) of the said Act of 1954 as extended by the last preceding subsection, shall have effect in relation to an arbitration to recover from a carrier a contribution in respect of damages to which Article 29 in Schedule 1 to the Carriage by Air Act 1961 applies, as they have effect in relation to an action for that purpose.

Mr. Buck

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

The Amendment concerns that part of the Bill which deals with the law of Scotland. It brings the law of Scotland on the limitation of actions within the ambit of what we are dealing with in a way considered desirable by Scottish lawyers and by hon. Members who have the advantage of representing Scottish constituencies. It corresponds with the Amendment made in the English part of the Bill in Clause 4.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment: In page 10, line 21, at end insert: (4) In relation to wrongful acts or omissions falling within the said Article 29 this section shall have effect in substitution for the limitation imposed by section 5(2) of the said Act of 1961; and accordingly the following provisions of that Act are hereby repealed, that is to say, in subsection (2) of section 5, the words from 'but no action' to the end of the subsection; and, in paragraph (a) of section 11, heads (i) and (iii).

Mr. Buck

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

This Amendment follows on from the other Amendments. It is of a technical and consequential character.

Question put and agreed to.