§ Lord James Douglas-HamiltonI beg to move amendment No. 58, in page 64, line 12, leave out 'subsection (3)' and insert 'subsections (3) and (3A)'.
§ Lord James Douglas-HamiltonThese amendments put the law back to what everyone thought that it was. I commend them to the House.
§ Mr. DewarWe have made such good progress so suddenly and unexpectedly that I can allow myself the luxury of asking a question. As I understand the situation, the means test courts have been operating in a way that is not justified by the law of Scotland, so that these amendments give them the powers that they always thought that they had to act in the way that they have always acted. If that is the position, I am curious about what happens if someone challenges the competence of what the courts have been doing. Will it be necessary to allow for compensation, or to make provision to undo the damage that has been done if, for example, someone has gone to prison as a result of this misunderstanding of the law? I am in favour of things being put right, but will the Minister say a word or two about the consequences for those who were dealt with under a misapprehension?
§ Lord James Douglas-HamiltonI do not think that there will be a problem. The amendments clarify the position. They implement the provisions to empower the means inquiry courts to allow a fine defaulter more time to pay his or her fine and at the same time to impose a period of imprisonment in the event of future default. As hon. Members know, a recent High Court ruling cast doubt on this practice and the necessary clarification was agreed unanimously in Committee. It is right, as the courts in Scotland are conducting means inquiries daily, that the legal position should be clarified as soon as possible.
§ Mr. Menzies CampbellHas anybody been sent to prison as a result of non-payment of fines on a misunderstanding of the legal powers of the sheriff?
§ Lord James Douglas-HamiltonI will have to check on that, but not to my knowledge. The point is that doubt was cast on the process by a High Court ruling, so that it was necessary to clarify the matter to make certain that that would not happen.
§ Amendment agreed to.
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Amendments made: No. 108, in page 64, line 19, leave out 'section 56' and insert
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'sections 56, 59 and (Effect of mental incapacity on powers of attorney etc.)'.
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No. 59, in page 64, line 22 at end insert—
'(3A) Paragraph 27(4) of Schedule 7 to this Act shall come into force on the day on which this Act is passed.'
§ No. 129, in page 64, line 23, leave out 'subsection (5)' and insert 'subsections (4A) and (5)'.
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No. 130, in page 64, line 23, at end insert—
'(4A) Section ( Execution of documents by companies) of this Act, paragraph 31A of Schedule 7 to this Act and Schedule 8 to this Act so far as relating to the Companies Act 1985 and the Companies Act 1989 extend also to England and Wales.'—[Lord James Douglas-Hamilton.]