§ Order of the Day for the Second Reading read.
§ THE LORD CHANCELLOR (LORD HAILSHAM)
My Lords, in moving the Second Reading of this Bill I think I need give the House very few words of explanation. A year ago it was decided that this Stipendiary Magistrate's Court should lapse by common consent of all parties concerned. The announcement of the intention was made public a year ago, and no remonstrance of any kind has been received from any- 231 body. Normally difficulty might have arisen by reason of the fact that there was existing a Stipendiary Magistrate, but that gentleman has intimated his willingness to retire at the end of next month, thereby rendering it possible to bring the Court to an end and to make that reform and economy. Unfortunately, this particular Stipendiary Magistrate's jurisdiction extended into two petty sessional divisions, the petty sessional division of North Aylesford and that of Sittingbourne. The result is that some difficulty arises upon the determining of his jurisdiction with regard to matters which are pending in his Court or with regard to which he has made orders at the time of the Court coming to an end, and with regard to the records of the Court. In order to meet these difficulties, this legislation is necessary.
So far as I know, this is the only instance in which a Stipendiary Magistrate's Court embraces part of two petty sessional divisions. There would be no difficulty with regard to future cases, but provision has to be made for dealing with the present situation. In Clause 1 the Bill enacts the necessary provisions set out at length in the Schedule, and Clause 2 gives power for an order to be made to correct any insufficiency or defect which may arise. It provides for this in the same way that was thought desirable by your Lordships in the recent enactment by this House of the Local Government Bill. Any such Order will cease to have effect if within three months an Affirmative Resolution has not been passed in both Houses of Parliament approving this Order. I venture to think that this is a Bill which will not require very long consideration or give rise to any difficulty, and I hope your Lordships will give it a Second Reading. I beg to move.
§ Moved, That the Bill be now read 2a.—(The Lord Chancellor.)
§ LORD PARMOOR
My Lords, I entirely agree with what the noble and learned Lord, the Lord Chancellor, has said. It is necessary in this case to have the regulations to which he has referred. I do not think there is any undue power given by the regulations and this Bill will enable everything to be put in order.
§ On Question, Bill read 2a, and committed to a Committee of the Whole House.