HL Deb 02 November 1932 vol 85 cc974-5

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF ONSLOW in the Chair.]

Clauses 1 to 4 agreed to.

THE LORD CHANCELLOR (VISCOUNT SANKEY) moved, after Clause 4, to insert the following new clause:

Amendment of 22 & 23 Geo. 5. c. 37. s. 38.

"Section thirty-eight of the Solicitors Act, 1932 (which gives to the Registrar of Solicitors and, on appeal, to the Master of the Rolls a discretion as to issuing a practising certificate in certain cases, including the case where a solicitor applies for a practising certificate having neglected so to do for twelve months after the expiration of the last certificate issued to him) shall have effect and shall be deemed always to have had effect as if for the words therein 'having neglected so to do for twelve months' there were substituted the words 'having neglected to obtain such a certificate within twelve months.' "

The noble and learned Viscount said: As far as the provisions of this Bill as it appeared on Second Reading are concerned no Amendment has been proposed, but I am going to ask your Lordships to be good enough to allow one small Amendment. Your Lordships will recollect that earlier in the Session an Act was passed to consolidate all the Acts relating to solicitors. The Acts were very numerous, numbering between twenty and thirty, and the consolidation reduced them to one Act. The Committee was presided over by Lord Warrington, and it had the assistance of Lord Russell and other distinguished lawyers both of your Lordships' House and another place. It was a very long and laborious task and I think it speaks very highly for the Consolidation Committee that, although the Act was considered by a great many professional gentlemen, only one small technical point has been discovered where it altered the law and will create difficulties in practice.

Section 16 of the Solicitors Act of 1888 enacted that if a solicitor neglects for twelve months after the expiration of his practising certificate to obtain a fresh certificate, and subsequently applies for a fresh certificate, it shall be in the discretion of the Registrar to grant or refuse the application. This provision is supposed to be reproduced in Section 38 of the Solicitors Act, 1932, but there the wording is as follows: Where a solicitor applies for a practicing certificate having neglected so to do for twelve months after the expiration of the last certificate issued to him… the Registrar may in his discretion refuse the application. It is clear that the law has been inadvertently altered. Lord Warrington, the Chairman of the Committee, has been consulted and agrees that the Amendment standing in my name will correct that and will bring the law back to where it was before. It is fortunate we are able to do that in this Bill, for otherwise it would be necessary to go to the expense and trouble of another Act to correct this small technical slip. I beg to move.

Amendment moved—

After Clause 4, insert the said new clause.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Remaining clauses agreed to.

Title: An Act to amend the law with respect to appeals from decisions of official referees, to amend in certain particulars the Supreme Court of Judicature (Consolidation) Act, 1925, and to make provision for the costs of applications under Section eighty-four of the Law of Property Act, 1925.

THE LORD CHANCELLOR

Following on the Amendment which the Committee has accepted a consequential Amendment is necessary in the Title. I beg to move.

Amendment moved— Title, page 1, line 4, after ("Act, 1925") insert ("and Section thirty-eight of the Solicitors Act, 1932").—(The Lord Chancellor.)

On Question, Amendment agreed to.