HL Deb 21 June 1934 vol 93 cc127-8

Read 3a (according to Order).

Clause 1:

Restriction on appeals from Court of Appeal to House of Lords.

(3) Nothing in this section shall affect any restriction existing, apart from this Act, on tine bringing of appeals from the Court of Appeal to the House of Lords.

THE LORD CHANCELLOR (VISCOUNT SANKEY) moved in subsection (3) to leave out "Act" and insert "section." The noble and learned Viscount said: My Lords, there is one small Amendment which it is necessary to make in this Bill, and it is really a technical matter. It is in Clause 1, page 2, line 2, where unfortunately we put in the word "Act" and we ought to have put in the word "section." The object of the Amendment is to leave out the word "Act" and insert the word "section." The object of subsection (3) of Clause 1 is to preserve all existing restrictions on the right of appeal from the Court of Appeal to the House of Lords. The subsection was drafted on the assumption that all these restrictions were contained in Acts other than this Bill.

It was unfortunately overlooked that one of these restrictions is contained in paragraph (k) of Section 31 (1) of the Supreme Court of Judicature Act, 1925, which is being amended by Part II of the Schedule to the Bill. This paragraph at present provides that no appeal shall lie from the decision of the High Court on any appeal from a County Court in a probate cause or matter. In future, under Clause 2 of the Bill, appeals from a County Court in a probate cause or matter will lie to the Court of Appeal instead of the High Court, and consequently the paragraph is being amended by Part II of the Schedule to the Bill by substituting the Court of Appeal for the High Court. It follows that one of the existing restrictions on the right of appeal from the Court of Appeal is now contained partly in this Bill. This Amendment is therefore necessary in order to prevent subsection (3) of Clause 1 conflicting with the Amendment made by Part II of the Schedule in that paragraph. It is hardly more than a drafting Amendment, and I apologise to your Lordships for its necessity.

Amendment moved— Page 2, line 2, leave out ("Act") and insert ("section").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Bill passed, and sent to the Commons.