HC Deb 03 February 1965 vol 705 cc1237-8
Mr. MacDermot

I beg to move, in page 16, line 24, to leave out "sub-paragraph" and to insert "sub-paragraphs".

I hope it is apparent that this Amendment is purely to correct a typographical error.

Amendment agreed to.

14 & 15 Geo. 5. c. 17 … The County Courts Act 1924 In section 4 (2) (b) the words from "and subsection (2) of section six" to "office)".
15 & 16 Geo. 5. c. 49 … The Supreme Court of Judicature (Consolidation) Act 1925. In section 128 (1) (b) the words from "and subsection (2) of section six" to "office)".
24 & 25 Geo. 5. c. 53 … The County Courts Act 1934 In section 21 (3) the words "and subsection (2) of section six".

Part II of the Fourth Schedule repeals a number of provisions which are spent or otherwise obsolete. This Amendment adds three more to the list of provisions which I am afraid were overlooked when the Schedule was originally drafted. They have now been discovered and are put forward in this Amendment for completeness.

Mr. MacDermot

I beg to move, in page 18, line 49, after "paragraph", to insert: may be varied or revoked by a subsequent order and any order under this paragraph. Paragraph 21 of the Second Schedule authorises the Treasury to provide by Order that mental health officers in the National Health Service may, on transfer to the Civil Service, have their service as a mental health officer treated as though it were service in the Prison Service—that is to say, that all years of service after 20 should count at double rate for superannuation purposes. The paragraph does not at present provide that an order made under it may be varied or revoked by a subsequent order. There is a general power of revocation and variation under the Interpretation Act, 1889, but, unfortunately, that does not extend to orders.

Therefore, while it may be desirable at some future date to vary or revoke the order under paragraph 21, it would not be possible to do so without further legislation unless this paragraph were amended to include the express power. There is no need to do this foreseen at the moment, but out of an abundance of caution we think it right to have the power so as to avoid wasting the time of the House on a future occasion.

Amendment agreed to.