§ [The references are to Bill No. 41.]
§ Clause 1, page 1, line 20, after ("sections") insert ("thirty-six").
§ THE LORD CHANCELLOR
My Lords, I would ask your Lordships to allow me to explain this Amendment in conjunction with a later Amendment excluding the application of subsection (1) to Scotland. Section 36 of the Scottish Act of 1933 corresponds to Section 46 of the English Act of 1932. The High Court in England decided that "person" in Section 46 did not include a corporation. Subsection (1) of Clause 1 reverses the law as laid down in that decision to the effect of bringing a corporation within Section 46 of the English Act. As there has been, however, no similar decision in Scotland, it is better to exclude subsection (1) of Clause 1, and to bring a corporation within Section 36 of the Scottish Act by including that section in subsection (2). The penalty provided in subsection (1) is not the same as the general penalty provided by Section 40 of the Scottish Act. Nor would the provisions of that section as to the place at which, and the time within which, proceedings may be brought apply to a contravention by a corporation of subsection (1) of Clause 1, but they will apply to a contravention of Section 36 if that section is brought within subsection (2) of Clause 1. I beg to move that this, House doth agree with the Commons in this Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.