§ After Clause 33, page 20, line 13, at end insert the following new clause:
§ ("Proceedings in courts other than the High Court and county courts.
§ —(1) His Majesty may by Order in Council make such provision as appears to him to be 852 expedient with respect to civil proceedings by or against the Crown in any court not being the High Court or a county court.
§ (2) An Order in Council made under this section may in particular—
- (a) define the jurisdiction of the court to which the Order relates in civil proceedings by or against the Crown; and
- (b) apply, in relation to civil proceedings by or against the Crown in the said court, any provisions of this Act which would not otherwise apply in relation to those proceedings with such additions exceptions and modifications as appear to His Majesty to be expedient.
§ (3) The provisions of any such Order shall have effect notwithstanding any provision made by or under any enactment with respect to the court in question; and any such Order may provide for amending or revoking any provisions so made as aforesaid.
§ (4) An Order in Council made under this section may be varied or revoked by a further Order in Council made by His Majesty thereunder.
§ (5) An Order in Council under this section shall be laid before Parliament as soon as may be after it is made, and, if either House of Parliament, within the next twenty-eight days on which that House has sat after such an Order is laid before it, resolves that the Order be annulled, the Order shall thereupon cease to have effect except as respects things previously done or omitted to be done, without prejudice, however, to the making of a new Order.
§ Notwithstanding anything in subsection (4) of Section one of the Rules Publication Act, 1893, such an Order shall be deemed not to be a statutory rule to which that section applies.")
§ THE LORD CHANCELLORMy Lords, this clause has been inserted in order to enable proceedings to be taken by or against the Crown in courts other than the High Court or a County Court, as, for example, the Liverpool Court of Passage or the Salford Hundred Court which are widely used locally. In view of the uncertainty which exists as to the precise extent of the jurisdiction of these local courts, it is provided that any Order in Council made under the new clause may define the jurisdiction of the Court to which the Order relates. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.