§ Amendment proposed, in page 18, line 37, at end insert:
- (6) In relation to an arbiter appointed under subsection (4) of this section the following provisions shall apply—
- (a) any arbiter so appointed shall have the like powers for securing the attendance of witnesses and the production of documents, and with regard to the examination of witnesses on oath and the awarding of expenses, as if the arbitration were under a submission;
- (b) the arbiter may, and if so directed by the Court of Session shall, state a case for the opinion of that Court on any question of law arising in the proceedings; and
- (c) any award of an arbiter so appointed in pursuance of this section may be recorded in the Books of Council and Session for execution, and may be enforced accordingly.—[Mr. Shirley Williams.]
§ Mr. RidleyMr. Deputy Speaker, is the hon. Lady not going to tell us anything about this Amendment No. 9? It is not one of the last series.
§ Mrs. Shirley WilliamsOn a point of order, Mr. Deputy Speaker. I thought you said Amendment No. 8. I did not intend at this stage to move Amendment No. 9.
§ Mr. SwinglerOn a point of order. I thought that we were taking Amendments Nos. 20 and 43 with the present group. Is it your intention to put those from the Chair now, because then my hon. Friend will move Amendment No. 9?
§ Mr. Deputy SpeakerWe can only do that when we come to them in their order on the Order Paper. Mrs. Williams.
§ Mrs. Shirley WilliamsI apologise, Mr. Deputy Speaker. I expected you to continue with the Amendments which went with the group. Now I am ready to move Amendment No. 9.
§ Sir Harmar Nicholls (Peterborough)On a point of order. This is an outstanding example of the way that confusion arises when a large number of formal Amendments are taken separately. Why cannot they be taken together?
§ Mr. Deputy SpeakerThat is not a point of order. For the hon. Gentleman's information, Amendments must be taken in the order in which they appear on the Order Paper, anyway.
§ 10.45 p.m.
§ Mr. RidleyThe hon. Lady has not told us what this Amendment is about. She moved it formally, she then said that she did not propose to move it, and now she has moved it formally again. Can she tell us what this deals with?
§ Mrs. Shirley WilliamsI apologise to the House. I was trying to take back what I had said earlier when I was expecting the group of Amendments to be put to the House.
It would be a great sorrow to hon. Members representing Scotland were it not possible to move this Amendment which relates the provisions of this Clause to the arbitration provisions of Scottish law. As I understand it, under Scottish law the Arbitration Act, 1950, does not automatically apply to arbitration proceedings under this Clause, and the purpose of the Amendment is to make parallel provision for Scotland.
§ Amendment agreed to.