§ MINOR AND CONSEQUENTIAL
AMENDMENTS
§ The Deputy Chairman (Mr. Harry Gourlay)The next Amendment is No. 59, with which it may be convenient to discuss Amendments Nos. 60 to 65.
§ Mr. PercivalOn a point of order, Mr. Gourlay. Am I correct in thinking that new Clause 9—Apportionment of pension, etc., amongst surviving wife and former wives—was selected for debate?
§ The Deputy ChairmanIt was selected for debate, but the hon. and learned Member for Oldham, West (Mr. Bruce Campbell), whose name is attached to the new Clause, is not in his place and it cannot, therefore, be moved.
§ Mr. PercivalI should like to move it.
§ The Deputy ChairmanStanding Orders do not permit of hon. Members whose names are not attached to new Clauses to move them.
§ The Solicitor-GeneralI beg to move Amendment No. 59, in page 30, line 31, leave out ' under ' and insert ' Part I of '
This Amendment, and Amendments Nos. 60 and 61, are linked, drafting and consequential Amendments to paragraph 2(1)(a) which makes consequential amendments to Section 2(1) of the Matrimonial Causes Act, which provides that a divorce county court is to have jurisdiction in connection with divorce proceedings and also proceedings for variation of maintenance orders and maintenance agreements.
§ Sir D. RentonI do not wish to resist this Amendment. I suggest that we could save time by taking all the remaining Government Amendments together, unless the Solicitor-General has any point in mind by which he thinks because of a principle involved an explanation by him is necessary.
§ The Solicitor-GeneralI am greatly obliged by that suggestion which I think is helpful to the Committee. If we may act on it, I think it would be of considerable advantage.
§ The Deputy ChairmanWe can take all the Amendments to Schedule 2 together if that is desired.
§ Amendment agreed to.
§ Further Amendments made: No. 60, in page 30, line 33, leave out that Act " ' and insert ' from " section 22 " onwards '.
§ No. 61: In line 34, leave out
§ ' the said Act of 1965 or under '.—[The Solicitor-General.]
§ No. 62: In line 36, leave out from beginning to ' and ' in line 39 and insert:
§ (b) for subsection (3) there shall be substituted the following subsection:—
§ (3) A divorce county court shall not by virtue of this section have jurisdiction to exercise any power under—
- (a) section 26 or 27 of the Matrimonial Causes Act 1965; or
- (b) section 10, 11, 15 or (Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) of the Matrimonial Proceedings and Property Act 1970 or paragraph 5 of Schedule 1 thereto;
§ No. 63: In line 40, leave out from beginning to second ' the ' and insert:
§ (c) in subsection (4), for the words from `section 24' onwards there shall be substituted.
§ No. 64: In line 41, leave out ' or '.
§ No. 65: In line 43, leave out subparagraph (2) and insert:
§ (2) In section 7(1) of the said Act of 1967 (which specifies the authority having power to make rules of court for the purposes of certain enactments) the word or' at the end of 1990 paragraph (b) shall be omitted and after paragraph (c) there shall be inserted the words 'or
§ (d) without prejudice to the generality of paragraph (c) of this subsection, Part I of the Matrimonial Proceedings and Property Act 1970, and Schedule 1 thereto, except proceedings in the county court under section 10, 11, 15 or (Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) or paragraph 5 of Schedule 1 '.
§ No. 72: In page 31, line 21, at end insert:
§ 5. At the end of Schedule 8 to the Adminstration of Justice Act 1970 (maintenance orders to which Part II of that Act applies) there shall be inserted the following paragraph:—
§ 10. An order for periodical or other payments made under Part I of the Matrimonial Proceedings and Property Act 1970.'. —[The Solicitor-General.]
§ Schedule, as amended, agreed to.