HL Deb 07 March 1940 vol 115 cc797-805

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

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

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF ONSLOW in the Chair.]

Clause 1 agreed to.

Clause 2:

Power to allow earlier presentation for final examination

2. Notwithstanding anything contained in Section thirty-one of the principal Act, a person who has entered into articles for the required term and has duly served thereunder and complied with the provisions of Part II of that Art applying to him up to the time for his presenting himself for final examination may with the permission of the Council, which they may grant or withhold at their discretion, present himself during the period of the present emergency for final examination at an examination earlier than the one next preceding the expiration of the term of his articles.

LORD WRIGHT moved to add the following new subsection: (2) This section shall be deemed to have come into operation on the first day of February, nineteen hundred and forty. The noble and learned Lord said: This Amendment to Clause 2 is intended to meet a difficulty from which the Law Society are at the moment suffering because of a certain delay in getting this Bill through Parliament. Clause 2 enables the Council of the Law Society to relax the terms of the present law as to when articled clerks may present themselves for their final examination. In view of the present emergency, articled clerks are, from time to time, being called up for national service, and the Law Society feel that they ought to be in a position to let them present themselves for examination at an earlier date, before they are called up and go on service. To that I am sure no one would object, but it turns out that the Bill has been delayed in its passage through the House, and at this very moment the Law Society are holding an examination which, unless Clause 2 becomes law, would be out of time and invalid. There are fourteeen candidates, I think, who are affected and who are attempting to pass their examinations before they go on national service. In those circumstances, although a retrospective provision is not generally desirable, I think everyone will agree that this is a proper case in which to make this clause of the Bill retrospective, so that these young men who pass their examination now will not have to present themselves again after the war.

Amendment moved— Page 2, line 7, at end insert the said new subsection.—(Lord Wright.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3:

Power to reckon national service as service under articles in certain cases.

3. The Council at their discretion— (b) in the case of any person desirous of being admitted as a solicitor who has been engaged in national service before the commencement of his articles may permit the term of service under articles for which Section fifteen of the principal Act requires him to be bound to be reduced by the period of such national service: Provided that…

LORD WRIGHT moved, in paragraph (b), after "the" ["the period of such national service"], to insert "whole or any part of the". The noble and learned Lord said: This is merely a drafting Amendment and requires no explanation.

Amendment moved— Page 2, line 23, after ("the") insert ("whole or any part of the").—(Lord Wright.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clause 4:

Power to reckon attendance at course of legal instruction as service under articles in certain cases.

4. Where a person before entering into articles of clerkship to a solicitor has attended part of such a course of legal instruction as is mentioned in sub-paragraph (c) of paragraph (7) of the first Schedule to the principal Act but has been unable to complete such course in consequence of the course being suspended owing to the present emergency or in consequence of his being engaged in national service, the Council may at their discretion permit a reduction in the term of service under articles for which Section fifteen of the principal Act requires him to be bound by such period as they may think tit having regard to the proportion of the course which he has attended.

LORD WRIGHT moved, after "course" ["has been unable to complete such course"] to insert "or to pass the qualifying examination in relation to that course." The noble and learned Lord said: This is merely to add some words which were left out of the clause as it was originally drafted. It is necessary to put them in in order to bring this into line with the provision which it is intended to alter. It is little more than a drafting Amendment.

Amendment moved— Page 2, line 39, after ("course") insert ("or to pass the qualifying examination in relation to that course").—(Lord Wright.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5:

Power to suspend the award of prizes, etc.

5. Notwithstanding any provision in any will, trust deed, order of Court, or other instrument or in any rule or regulation, the Society or any Provincial Law Society may postpone until after the end of the period of the present emergency the award of any prize, medal or scholarship which would normally be awarded by them during that period and may retain in hand until after the end of that period any money which would normally be applicable to the prize, medal or scholarship whose award is thus suspended or may award such prize, medal or scholarship and apply thereto such sum (not being more than the sum which would normally be applicable thereto) as the Council or the governing body of the Provincial Law Society (as the case may be) at their absolute discretion may think fit and may pay such sum either free of Income Tax or after deduction therefrom of Income Tax at the rate for the time being in force. The Society or any Provincial Law Society may temporarily invest any money retained by them pursuant to the powers of this section in such manner as the Council or the governing body of the Provincial Law Society (as the case may be) at their discretion may think fit and may similarly invest any income or proceeds arising from such investment. Any money so retained.…

THE LORD CHANCELLOR (VISCOUNT CALDECOTE) moved to leave out "and may pay such sum either free of Income Tax or after deduction there-from of Income Tax at the rate for the time being in force." The noble and learned Viscount said: This Amendment is one that deals with a small point relating to the deduction of Income Tax from scholarships. The Bill as it stands proposes that these scholarships shall be paid free of Income Tax. In general that will be what will happen, because the funds are exempt from Income Tax; but in other cases it would not happen, and it is undesirable that in a Bill of this sort an amendment of the law should be made as it were by a side-wind. Perhaps I may be allowed to say a word about the succeeding Amendments which stand in my name. This is the first of a number of Amendments, some of which are designed to make this a purely war emergency measure, and therefore I shall propose the omission of some of the clauses in the Bill with a view to its obtaining a Second Reading and going through all its stages in another place. Others of the Amendments are purely drafting Amendments, which my noble and learned friend Lord Wright consents to being made in the Bill. I have been through the Bill which was introduced by my noble and learned friend, and these are the Amendments which I suggest are necessary to improve the language of the clauses. I beg to move this Amendment.

Amendment moved— Page 3, line 20, leave out from ("fit") to the second ("The") in line 22.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clause 6. [Provision as to exercise of powers of Master of Rolls during period of emergency]:

THE LORD CHANCELLOR

The Amendments to Clause 6 which I have to move are purely drafting Amendments.

Amendments moved—

Page 3, line 42, leave out ("power") and insert ("of the powers")

Page 3, line 42, line 43, leave out ("is") and insert ("are")

Page 4, line 1, leave out from ("emergency") to the end of line 3 and insert ("be exercised by such Judge of the High Court as the Master of the Rolls may, by writing under his hand, direct; and any direction given by the Master of the Rolls under this section may be varied or revoked by a subsequent direction given by him in like manner.

In the event of the office of the Master of the Rolls being vacant, the powers conferred on him by this section may be exercised by the Lord Chief Justice.")—(The Lord Chancellor.)

On Question, Amendments agreed to.

Clause 6, as amended, agreed to.

Clause 7:

Re-enactment of s. 37 (6) of principal Act.

7. The following subsection shall be substituted for subsection (6) of Section thirty-seven of the principal Act (which relates to the application of fees in respect of the issue of practising certificates):— (6) Out of every fee received by the Registrar under this section five shillings may be applied by him to his own use and the remainder shall be applied as follows:—

  1. (a) in such manner and to such extent as the Society may consider necessary towards the expenses of their school in London and the making of grants to approved law schools elsewhere; and
  2. (b) subject thereto, to such other purposes of the Solicitors Acts, 1932 to 1930, as the Society may think fit;
and the Registrar shall submit annually to the Judges mentioned in the last preceding subsection an account of all such fees and of their application, and shall cause a copy of the account to be deposited at the hall of the Society for inspection by any solicitor.

THE LORD CHANCELLOR moved to leave out Clause 7. The noble and learned Viscount said: It is suggested that this clause could be omitted, because it is a proposal which cannot really be described as a war emergency measure.

Amendment moved— Page 4, line 4, leave out Clause 7.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 8:

Amendment of s. 26 of principal Act.

8. The following subsection shall be substituted for subsection (1) of Section twenty-six of the principal Act (which relates to the examinations to be held under the management of the Law Society):— (1) The Law Society shall hold in every year such number of preliminary examinations and intermediate examinations and final examinations as the Council at their discretion may from time to time decide.

THE LORD CHANCELLOR moved to leave out "The following subsection shall be substituted for subsection (1) of." The noble and learned Viscount said: This is similarly an Amendment to limit the operation of Clause 8.

Amendment moved— Page 4, line 26, leave out from the beginning to ("section") in line 27.—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR moved, after "Law Society" where those words first occur, to insert "shall during the period of the present emergency, have effect as if for subsection (1) thereof there were substituted the following subsection." The noble and learned Viscount said: This is one of the proposals to make this a war emergency measure. The clause as the Bill stands would be a permanent one, and the object of the Amendment is to confine its operation to the period of the present emergency.

Amendment moved— Page 4, line 29, after ("Society") insert the said words.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 8, as amended, agreed to.

Clause 9:

Transfer to the Registrar of certain existing powers.

9.—(1) The following enactments shall have effect as if the Registrar were therein mentioned in place of the Master of the Rolls:—

  1. (a) Subsection (2) of Section sixteen of the principal Act (which relates to the registration of articles of clerkship); and
  2. (b) Subsection (2) of Section one of the Solicitors Act, 1936 (which enables the Master of the Rolls to direct that certain service by an articled clerk shall be deemed to be good service under his articles).

(2) Section twenty-one of the principal Act (which provides that articled clerks may not take other employment, except with the approval of the Master of the Rolls or a Judge of the High Court) shall have effect as if the Registrar were therein mentioned in place of tile Master of the Rolls or a Judge of the High Court.

(3) Section twenty-three of the principal Act (which empowers the Master of the Rolls to admit an articled clerk to be a solicitor if he is satisfied as to certain matters therein mentioned) shall have effect as if it empowered the Master of the Rolls to admit an articled clerk to be a solicitor if the Registrar reports to the Master of the Rolls that the Registrar is satisfied as to the said matters.

(4) Section twenty-nine of the principal Act (which relates to exemptions from the preliminary examination) shall have effect as if the power of granting exemptions thereunder were vested in the Registrar instead (if in the Master of the Rolls or the Lord Chief Justice.

(5) Subsection (4) of Section six of the Solicitors Act, 1936, shall have effect as if the Registrar were therein mentioned in place of the Master of the Rolls and the Lord Chief Justice.

(6) (i) Proviso (b) to subsection (1) of Section thirty-two of the principal Act (which relates to the conditions of admission to the final examination) is hereby repealed.

(ii) The words "or on appeal to the satisfaction of the Master of the Rolls" contained in paragraph (b) of subsection (3) of Section seven of the Solicitors Act, 1936 (which provides for amendments of Section thirty-two of the principal Act as to attendance at a law school before final examination) are hereby repealed.

(7) Section thirty-three of the principal Act (which provides for appeal to the Master of the Rolls in cases of failure to pass an intermediate or final examination) is hereby repealed.

THE LORD CHANCELLOR

I beg to move to leave out Clause 9.

Amendment moved— Page 4, line 35, leave out Clause 9.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 10:

Interpretation.

10. In this Act, unless the context otherwise requires— National service" means and includes—

  1. (a) service in any of the naval, military or air forces of the Crown;
  2. (b) detention as a prisoner, military or civil, in any enemy country, or internment in an enemy or neutral country in consequence of the war which began on the third day of September nineteen hundred and thirty-nine; and
Practising certificate" has the meaning given to that expression by Section thirty-six of the principal Act;

THE LORD CHANCELLOR

The Amendments which I have put down to this clause, except for the last one, are purely drafting, and I ask permission to move them en bloc. The expression "national service" is used in the Bill, and these Amendments are designed to correct mistakes in drafting in the definition of this phrase.

Amendments moved—

Page 6, line 16, after ("Crown") insert ("during the period of the present emergency")

Page 6, line 16, line 17, after ("detention") insert ("during that period")

Page 6, line 16, line 18, after ("internment") insert ("during that period")

Page 6, line 16, line 20, leave out from ("of") to ("and") in line 22 and insert ("any war in which His Majesty may be engaged").—(The Lord Chancellor.)

On Question, Amendments agreed to.

THE LORD CHANCELLOR moved to leave out the definition of "Practising certificate." The noble and learned Viscount said: I beg to move.

Amendment moved— Page 7, leave out lines 1 to 3.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 10, as amended, agreed to.

THE LORD CHANCELLOR moved to insert the following new clause after Clause 10:

Power to reckon national service as service under indenture of apprenticeship for the purposes of the Solicitors (Scotland) Act, 1933.

".—(1) Where any person, who has been or shall be during the period of the present emergency engaged in national service, has entered or shall enter into an indenture of apprenticeship in terms of the Solicitors (Scotland) Act, 1933, the General Council of Solicitors in Scotland may at their discretion permit the whole or any part of the period of such service to be reckoned as actual service under such indenture for the purposes of the said Act: Provided that in any such case the person shall not be admitted as a solicitor unless he has during an aggregate period of not less than two years bona fide served as an apprentice with a practising solicitor. (2) In this section the expressions 'the period of the present emergency' and 'national service 'have the meanings respectively assigned to them by Section ten of this Act with the substitution, however, of a reference to the Lord President of the Court of Session for any reference to the Registrar.

The noble and learned Viscount said: This is a new clause, moved in order to bring the arrangements in Scotland into conformity with those in England. I beg to move.

Amendment moved— After Clause 10, insert the said new clause.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 11:

Short title, collective title and extent.

11.

(2) The Solicitors Acts, 1932 to 1939, and this Act may be cited together as the Solicitors Acts, 1932 to 1940.

THE LORD CHANCELLOR

I beg to move to leave out subsection (2).

Amendment moved— Page 7, line 8, leave out subsection (2).—(The Lord Chancellor.)

On Question, Amendment agreed to.

Amendment moved— Page 7, line 11, at the beginning insert ("The last foregoing section of this Act shall extend to Scotland but save as aforesaid").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 11, as amended, agreed to.

Title: An Act to provide for meeting difficulties arising from the present emergency and affecting solicitors or their articled clerks; to amend the enactments relating to articled clerks and the application of the proceeds of fees payable to the Registrar of Solicitors; and for purposes connected with the matters aforesaid.

THE LORD CHANCELLOR

I beg to move.

Amendment moved— Line 1, leave out from ("to") to ("solicitors") in line 6 and insert ("make special provision on account of circumstances arising out of the present emergency as to examinations and service under articles in the case of persons desirous of being admitted as solicitors, as to the awarding of prizes, medals and scholarships by law societies, and as to the delegation of the powers of the Master of the Rolls under the enactments relating to").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Title, as amended, agreed to.