HL Deb 21 April 1932 vol 84 cc131-3

[The references are to Bill No. (29).]

Clause 2, page 1, line 19, at end insert ("and calling on him to put the chancel in proper repair'').

Clause 3, page 3, line 27, at end insert ("and rules under that section may prescribe the form of the notice to repair and the manner in which it may be served").

Clause 4, page 3, leave out Clause 4.

Clause 5, page 3, line 36, leave out from ("benefice") to the end of line 38.

Clause 5, page 3, line 39, leave out ("rules made under this Act") and insert ("County Court rules").

THE LORD CHANCELLOR

My Lords, it will be within the recollection of the House that the object of this Bill was to remove certain jurisdiction from the Consistory Court to the County Court, and your Lordships passed the Bill without a Division. So did the House of Commons, but it was suggested in the Committee there that one or two very small Amendments should be made. These Amendments deal not with the principle of the Bill but with procedure, the object being to send the cases in future to the County Court. The proceedings had begun by formal notice, and your Lordships described what ought to be put into the notice. The Commons suggested that there should also be put into the notice words calling upon the defendant to put the chancel in proper repair. I think that is a small improvement to the notice, and it certainly will make the matter clear.

The next Amendment of the Commons was this. Whereas by the Bill jurisdiction was given to the Lord Chancellor to draw up the notice, it should now be drawn up by the Rules Committee of the learned County Court Judges. That was an Amendment I hardly liked to propose myself, as it would diminish my work to some small extent, but I am bound to say that I am very glad the Commons have put in this Amendment. I think the County Court Judges Committee will be a very convenient tribunal to deal with the form of the notice. If your Lordships agree to the Amendments I have already mentioned then there are two small Amendments in Clause 5 which are consequential, that we should omit from the definition of "Chancel" the words "but does not include a chancel which is repairable by a parochial church council." And, in the definition of "Prescribed" the words "rules made under this Act" are unnecessary now. If the rules are made by the County Court they should be called County Court rules and not "rules made under this Act.' The Amendments, though not of an important character, I think make the Bill a little clearer. I beg to Move that this House doth agree to the Commons Amendments.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)

On Question, Motion agreed to.