HC Deb 26 July 1971 vol 822 cc171-2

Lords Amendment: No. 2, in page 23, line 29, at end insert: (4) In this section ' sheriff' includes a sheriff principal.

The Lord Advocate

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

The Amendment is designed to accommodate a highly exceptional situation, but one which might conceivably arise, where a principal may be sitting as a judge of first instance in circumstances which make it impossible for the sheriff, or, as he is at present known, the sheriff substitute, to take the proceedings. Our attention was drawn to this drafting defect as a result of an Amendment put down to Clause 4 by the hon. and learned Mem- ber for Edinburgh, Leith (Mr. Ronald King Murray), as a result of which we scrutinised with great care the further provisions of the Bill. For that I should like to express my gratitude to the hon. and learned Gentleman.

10.13 p.m.

Mr. Ronald King Murray (Edinburgh, Leith)

I thank the Lord Advocate for his kind words.

The Opposition agree with the Amendment. The principle embodied in it that as often as possible the sheriff principal and the sheriff as he is now to be called should have overlapping jurisdiction, is a useful principle, which we welcome.

Question put and agreed to.