HL Deb 27 March 1956 vol 196 cc794-5

After Clause 18, insert the following new clause:

Transfer of power to make rules of court under Criminal Appeal Act, 1907, and rules under Indictments Act, 1915

(".—(1) After the coming into force of this section rules of court under the Criminal Appeal Act, 1907, and rules under the Indictments Act, 1915, shall be made by the Rule Committee of the Supreme Court, instead of in the manner provided by those Acts.

(2) In the foregoing subsection 'the Rule Committee of the Supreme Court' means the authority for the time being empowered to make rules of court under the Supreme Court of Judicature (Consolidation) Act, 1925; but the Lord Chancellor may appoint two persons appearing to him to have special experience in criminal procedure, one being a practising barrister and one a practising solicitor, to be members of the committee for the purpose of the powers transferred to it by this section in addition to the persons appointed under sub-section (4) of section ninety-nine of that Act.

(3) The coming into force of this section shall not be taken to invalidate any rules previously made.

(4) The following enactments shall cease to have effect and are hereby repealed to the extent specified, that is to say

  1. (a) in the Criminal Appeal Act, 1907, subsection (1) of section eighteen from the first 'shall' to 'Rules so made', and subsection (2) of that section; and
  2. (b) in the Indictments Act, 1915, in section one the words 'by the rule committee', subsection (1) of sec ion two, in subsection (2) of section two the words subject to the approval of the Lord Chancellor'. in subsection (3) of section two the words 'made by the rule committee' and subsection (4) of section two.")

THE LORD CHANCELLOR

My Lords, the next Amendment is to insert a new clause after Clause 18. Your Lordships will remember that when dealing with Amendment No. 2, I said that it was consequential on this Amendment, which I then endeavoured to explain to your Lordships. I do not think I need trouble your Lordships again. I beg to move that this House doth agree with the Commons in this Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.