HL Deb 18 July 1967 vol 285 cc220-1

[References are to Bill [217] as first printed for the Commons.]

[Nos. 1 to 3]

Clause 7, page 4, line 9, leave out ("of that Act")

Clause 7, page 4, line 11, at end insert ("and proceedings under section 39 (declarations of legitimacy, &c.,)")

Clause 7, page 4, line 15, leave out from ("than ") to end of line 16 and insert ("such proceedings as are specified in paragraph (a) of this subsection;")


My Lords, the object of these Amendments is to remove legitimacy proceedings from the ambit of the rule-making powers conferred by the Bill. Under Clause 7 of the Bill as passed by your Lordships' House, rules for the purposes of the Matrimonial Causes Act 1965 are required, wtih certain exceptions, to be made by the rule-making authority mentioned in subsection (1). Legitimacy proceedings are brought by virtue of Section 39 of the Act of 1965. Subsection (1) of this section enables the High Court to grant a decree of legitimacy, and subsection (2) enables the High Court or a county court to declare that a person has been legitimated by the Legitimacy Act 1926. At present, the procedure in the High Court is regulated by rules made by the Supreme Court Rule Committee, and the procedure in the county court is regulated by rules made by the County Court Rule Committee. The Bill does not alter the jurisdiction under Section 39, and there would be no advantage in transferring the rule-making powers to the Rule Committee under the Bill. So far as the county court is concerned, such a transfer would only create confusion, for the provisions relating to proceedings under subsection (2) would be the only provisions in the new rules which would apply to all courts. I accordingly beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 3.

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

On Question, Motion agreed to.