HC Deb 18 July 1991 vol 195 cc526-7

'.—(1) The Secretary of State may by regulations provide for—

  1. (a) any liability order made by a court in England and Wales; or
  2. (b) any corresponding order made by a court in Northern Ireland,
to be enforced in Scotland as if it had been made by the sheriff.

(2) The power conferred on the Court of Session by section 32 of the Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in the sheriff court) shall extend to making provision for the registration in the sheriff court for enforcement of any such order as is referred to in subsection (1).

(3) The Secretary of State may by regulations make provision for, or in connection with, the enforcement in England and Wales of—

  1. (a) any liability order made by the sheriff in Scotland; or
  2. (b) any corresponding order made by a court in Northern Ireland,
as if it had been made by a magistrates' court in England and Wales.

(4) Regulations under subsection (3) may, in particular, make provision for the registration of any such order as is referred to in that subsection in connection with its enforcement in England and Wales.'.—[The Solicitor-General.]

Brought up, and read the First time.

The Solicitor-General

I beg to move, That the clause be read a Second time.

New clause 6 introduces a technical provision which will allow enforcement of a liability order throughout the United Kingdom, regardless of where the order was made. It will thus avoid unnecessary and time-consuming reapplication should the liable person move between the separate jurisdictions of the courts of England and Wales, Scotland and Northern Ireland. The provision mirrors existing provisions in the Maintenance Orders Act 1950. It is clearly sensible and I commend it to the House.

Dr. Godman

Am I correct to assume that, when a case against a person who fails to meet his or her obligations reaches the sheriff court, that person could face a period of imprisonment? If so, has the Secretary of State for Social Security apprised the Solicitor-General of any discussions that he may have had with the Secretary of State for Scotland and the Home Secretary about the suggestion that I made in Committee that such periods of imprisonment should be inflicted on a person at the weekends as opposed to in a solid block of six weeks or whatever?

The Solicitor-General

I do not instantly know whether any such discussions have taken place. I shall find out during our proceedings this afternoon. We shall deal with imprisonment in later clauses.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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