HL Deb 11 March 1965 vol 264 cc240-2

6.0 p.m.

Order of the Day for the consideration of Commons Amendments read.

THE LORD CHANCELLOR (LORD GARDINER)

My Lords, I beg to move that the Commons Amendments be now considered. In so moving, I should like to ask your Lordships' agreement to move some of these Amendments together. For example, Amendments Nos. 1 to 11 are purely drafting Amendments and, I suggest, could usefully be taken together. I propose then to take Amendment 12; then Amendments 13 and 14 together; 15, 16, 17 and 18 together; and, again with your Lordships' permission, to take together Amendments 19 to 34, all of which are simply additions to the Schedule of obsolete enactments to be repealed. I beg to move.

Moved, That the Commons Amendments be now considered.—(The Lord Chancellor.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

[The references are to Bill [59] as first printed for the House of Commons]

Clause 1, page 2, line 23, leave out from beginning to ("whether") in line 24 and insert ("any way in which he thinks fit")

Clause 1, page 2, line 24, leave out ("for the investment of") and insert ("in relation to")

Clause 4, page 4, line 12, at end insert ("except in a case in which it is made in connection with a cause or matter (as respectively defined by section 225 of the Supreme Court of Judicature (Consolidation) Act 1925) proceeding in a district registry established by virtue of section 34 of that Act")

Clause 4, page 4, line 14, at end insert ("and, in the said excepted case, shall be effected in such manner as may be prescribed in relation to that registry by rules made by the Lord Chancellor with the concurrence of the Treasury.")

Clause 7, page 7, line 39, leave out ("short-term") and insert ("short-or long-term")

Clause 9, page 10, line 4, leave out ("short-term") and insert ("short-or long-term")

Clause 9, page 10, line 12, leave out ("a deposit or short-term") and insert ("other than a long-term")

Clause 9, page 10, line 33, leave out ("a deposit or short-term") and insert ("an account other than a long term")

Clause 9, page 10, line 43, leave out ("a deposit") and insert ("an")

Clause 9, page 10, Line 44, leave out from ("Rules") to end of line 45 and insert ("(other than a long-term investment account)")

Clause 9, Page 11, line 2, leave out first ("the") and insert ("any").

THE LORD CHANCELLOR

My Lords, as I have said, Amendments 1 to 11 are all drafting Amendments. If any of your Lordships wish to raise any points I shall be happy to deal with them, but subject thereto, I beg to move that this House doth agree with the Commons in the said Amendments.

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

On Question, Motion agreed to.

COMMONS AMENDMENT

Clause 19, page 16, line 20, at end insert— ("( ) Where money that has been recovered, or adjudged or ordered or agreed to be paid, as mentioned in subsection (1)(a) above, or has, after payment into court, been accepted as mentioned in subsection (1)(b) above, is in court at the commencement of this Act, then if it is not subject to be dealt with under that subsection and the person entitled thereto is not under disability it shall be paid out to that person upon an application's being made in that behalf to the court.")

THE LORD CHANCELLOR

My Lords, this Amendment relates to widows' damages. It provides in terms that a widow with money in court at the time the Act comes into force is to be entitled to payment out on application if there are no dependant children still under 21. During the Committee stage in another place there was argument as to whether or not the Bill as it then stood would have that effect. I do not think I need trouble your Lordships with the arguments. There had been a case in 1952, and it was argued that the effect of that case might be to raise some doubt on the point. Accordingly, the Amendment adds to Clause 19 a new subsection which expressly entitles such a widow (if she is not herself under a disability, as being, for example, an infant or of unsound mind) to obtain her money on application. A consequential Amendment is required to Clause 31. 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.

COMMONS AMENDMENTS

Clause 20, page 16, line 30, leave out ("two hundred and fifty") and insert ("three hundred")

Clause 20, page 16, line 36, leave out ("£250") and insert ("£300").

THE LORD CHANCELLOR

My Lords, these are linked Amendments which raise from £250 to £300 the limit of indebtedness in respect of which a county court has jurisdiction to make an administration order, thus implementing an undertaking given by the Government in another place in Committee. Your Lordships may remember that the original limit, many years ago, was £50. Its equivalent to-day is something like £230, and when the Bill was with your Lordships earlier it was felt that £250 would be about right. In another place it was felt that a higher figure would be better, and figures of £300, £400 and £500 were discussed. It was thought that, in the circumstances, £300, which was the figure ultimately agreed in another place, was a reasonable compromise between those views. I beg to move.

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

On Question, Motion agreed to.