HC Deb 11 July 1975 vol 895 cc934-6

Lords Amendment: No. 1, in page 1, line 12, leave out "to proceedings in a county court and"

12.21 p.m.

Mr. David Weitzman (Hackney, North and Stoke Newington)

I beg to move, That this House does agree with the Lords in the said amendment.

Mr. Deputy Speaker (Mr. George Thomas)

I suggest that it will be convenient to discuss at the same time Lords Amendments Nos. 2 in page 1, line 13, after "proceedings" insert: (a) in a county court and No. 3, in page 1, line 14, at end insert: (b) before the Lands Tribunal or the Lands Tribunal for Northern Ireland, or (c) in or before any other court or tribunal specified in an order made under this subsection by the Lord Chancellor.

Mr. Weitzman

I have been asked to move these amendments by my right hon. Friend the Member for Middlesbrough (Mr. Bottomley), who cannot be here because of a high honour being conferred on him. He is being given the freedom of the City of London. He agrees strongly with the amendments, which were discussed in detail in another place and which add importance to the Bill which he introduced.

My right hon. Friend's desire was that the litigant in person should have costs in any case in litigation in which costs could be awarded where the person was represented. The amendment would allow the litigant to receive costs in regard to tribunals and gives the Lord Chancellor power to enforce these provisions in appropriate cases in the future.

Question put and agreed to.

Subsequent Lords amendments agreed to.

Lords Amendment: No. 4, in page 1, line 23, after "proceedings" insert: (a)".

Mr. Weitzman

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

Mr. Deputy Speaker

I think that it would be convenient to discuss at the same time Amendments No. 5, in page 1, line 23, at end insert "the Scottish Land Court", and No. 6.

Mr. Weitzman

No. 6 is separate, Sir,

These amendments refer to the Scottish Land Court and proceedings before it.

Question put and agreed to.

Subsequent Lords amendment agreed to.

Lords Amendment: No. 6, in page 1, line 25, at end insert— (b) before the Lands Tribunal for Scotland, or (c) in or before other court or tribunal specified in an order made under this subsection by the Lord Advocate.

(2A) An order under subsection (1) or (2) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resoluation of either House of Parliament.

(2B) In this section "rules of court"—

  1. (a) in relation to the Lands Tribunal or the Lands Tribunal for Scotland, means rules made under section 3 of the Lands Tribunal Act 1949.
  2. (b) in relation to the Lands Tribunal for Northern Ireland, means rules made under section 9 of the Lands Tribunal 936 and Compensation Act (Northern Ireland) 1964, and
  3. (c) in relation to any other tribunal specified in an order made under subsection (1) or (2) above, shall have the meaning given by the order as respects that tribunal".

Mr. Weitzman

I beg to more, That this House does agree with the Lords in the said amendment.

The only reason why I separated Lords Amendment No. 6 is that it deals not only with Scotland but also with Northern Ireland.

The Parliamentary Secretary to the Law Officers' Department (Mr. Arthur Davidson)

I congratulate my hon. and learned Friend the Member for Hackney, North and Stoke Newington (Mr. Weitzman) on having moved these amendments at such short notice. I am sure that the House would also like to congratulate my right hon. Friend the Member for Middlesbrough (Mr. Bottomley) on the well-deserved honour, to which my hon. and learned Friend has referred, of being made a freeman of the City of London.

Mr. Deputy Speaker

It is most usual, but I also would like to congratulate the right hon. Gentleman—as a freeman of the capital of Wales to a freeman of the capital of England.

Question put and agreed to.

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