HL Deb 22 November 1954 vol 189 cc1744-5

Second Schedule, page 34, line 4, at end insert— ("In subsection (2) in paragraph (a) for the words "within seven days of the service of the summons," there shall be substituted the words "not later than three clear days before the date of the hearing".")

VISCOUNT WOOLTON

My Lords, this Amendment appears in a clause that enables a trader to cite in his defence a warranty provided by his suppliers. The section requires that the defendant who proposes to rely on a warranty shall notify the prosecution of that fact within seven days. It has been represented to us that this time is inadequate, as traders may have to consult their legal advisers, and in the case of multiple shops the branch manager may have to consult his head office. We consider it sufficient if the prosecution has three clear days notice of the intention to rely on a warranty, and this Amendment provides accordingly. The local authorities have been consulted, and no objection has been raised. The Amendment also brings the clause into line with the corresponding provision in Section 83. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Viscount Woolton.)

On Question, Motion agreed to.