HC Deb 27 February 1985 vol 74 cc419-20

Amendment made: No. 59, in page 23, line 24, leave out from 'except' to 'shall' in line 25 and insert 'the provisions mentioned in subsection (2A) below).'.—[Mr. Mellor.]

Mr. J. Enoch Powell (South Down)

I beg to move amendment No. 60, in page 23, line 28, leave out 'and for different purposes'.

I am grateful to the Chair for selecting the amendment. In Committee, the Minister undertook to do some research into the distinction between "different provisions" and "different purposes". It appears to me that if there is a distinction and if a provision can include several purposes, it would be awkward to bring only part of a provision into force by an order.

I hope that the Minister is now in a position to clarify the necessity for both expressions.

Mr. Mellor

The one which gave difficulty was the use of the phrase "for different purposes". I am advised that this is perhaps a more commonplace piece of drafting than the right hon. Gentleman thought. The Representation of the People Act 1969 included a similar provision, and there are other instances.

I shall give three random examples of how the phrase may be used in the hope of persuading the right hon. Gentleman that there is merit in it. Regarding penalties, schedule 2 increases the penalties for various offences under the 1983 legislation. The commencement order would bring the new penalties into effect on a particular day, except for the purpose of any proceedings which have been instituted before that day. A distinction could be drawn which is based on the words "for different purposes". Without them that distinction would be difficult to make.

Similarly, on election petitions, paragraph 48 of schedule 3 increases the security for costs on the trial of an election petition. The commencement order would bring the new securities into force on a particular day, except for the purpose of a petition which had been presented before that day.

Finally, regarding the election timetable, paragraph 73 of schedule 3 increases the length of the timetable of a parliamentary election. The new timetable would come into operation on such and such a day except for the purposes of any election for which the writ had been issued before that day. I hope that the right hon. Gentleman finds that helpful.

Mr. Powell

I understand that without these words it would be impossible for a commencement order to make transitional provisions. That is obviously convenient, and therefore I am happy to beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn. Amendments made: No. 61 in page 23, line 29 at end insert— '(2A) Those provisions are—

  1. (a) sections 24(1) and 26(1) of this Act, this section, the amendment made by paragraph 18 of Schedule 3 to this Act and the repeal made by the entry in Schedule 4 to this Act relating to the Police and Criminal Evidence Act 1984 (which come into force on the day on which this Act is passed), and
  2. (b) Schedule [Special polling stations in Northern Ireland) to this Act (which may be brought into force under section [Voting at special polling stations in Northern. Ireland] of this Act).'.
No. 62, in page 23, line 31 at end insert— 'and section [Voting at special polling stations in Northern Ireland] of and Schedule [Special polling stations in Northern Ireland] to this Act extend to Northern Ireland only.'. —[Mr. Mellor.]

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