§ After Clause 47, insert the following new clause:
§ Appeals from decisions of the comptroller in Scottish cases
§ (".—(1) Where, in accordance with rules made by the Board of Trade under the principal Act, the comptroller has directed that any hearing for the purpose of proceedings under section thirty-seven of that Act or under section thirty-nine of this Act shall be held in Scotland, any appeal from the comptroller in those proceedings shall lie to the Scottish Appeal Tribunal constituted in accordance with the provisions of this section.
§ (2) An appeal shall lie to the Court of Session from any decision of the Scottish Appeal Tribunal under section thirty-seven of the principal Act.
§ (3) The Scottish Appeal Tribunal shall consist of a judge of the Court of Session nominated for the purpose by the Lord President of that Court.
§ (4) The Courts of Law Fees (Scotland) Act, 1895 (which confers power on the Court of Session to regulate fees), shall apply to the Scottish Appeal Tribunal as if the Tribunal were a court the fees payable in which would be regulated by the Lords of Council and Session under section two of that Act.
§ (5) The Scottish Appeal Tribunal may examine witnesses on oath and administer oath for that purpose.
§ (6) Upon any appeal under this section, the Scottish Appeal Tribunal may by order award to any party such expenses as the Tribunal may consider reasonable and direct how and by what party the expenses are to be paid; and any such order may be recorded for execution in the books of council and session and shall he enforceable accordingly.
§ (7) Upon any appeal under this section, the Scottish Appeal Tribunal may exercise any power which could have been exercised by the comptroller in the proceeding from which the appeal is brought.
§ (8) Subject to the foregoing provisions of this section, rules may be made by Act of Sederunt for regulating all matters relating to proceedings before the Scottish Appeal Tribunal under this section.
§ (9) Rules made under this section shall provide for the appointment of scientific advisers to assist the Scottish Appeal Tribunal upon appeals under this Act and for regulating the functions of such advisers; and the remuneration of a scientific adviser appointed in accordance with such rules shall be defrayed out of moneys provided by Parliament.
577§ (10) An appeal to the Scottish Appeal Tribunal under this section shall not be deemed to be a proceeding in the Court of Session.")
§ LORD LUCAS OF CHILWORTHMy Lords, this is the only departure from the principle of this Bill as it left your Lordships' House. Your Lordships will remember that on the Third Reading the noble and learned Lord, Lord Reid, supported by the noble and learned Viscount, Lord Simon, raised the question of the jurisdiction of the Scottish courts under this Bill. Your Lordships will also remember that I said at the time that the whole matter of the jurisdiction of the Scottish courts was a matter for the consideration of the Lord Chancellor, the Law Officers of the Crown, the President of the Court of Session in Scotland, and the Lord Advocate. This clause is the result of those deliberations, and I understand it is completely satisfactory to Scottish interests. I beg to move that this House do agree with the Commons in the said Amendment.
§ Moved, That this House do agree with the Commons in the said Amendment.—(Lord Lucas of Chilworth.)
§ On Question, Motion agreed to.