§ [No. 23]
§
Clause 29, page 17, line 11, leave out from beginning to ("and") in line 20 and insert—
("(2) No proceedings for an offence under this Act, other than an offence under section 27(5) or 28, shall be instituted by a local weights and measures authority unless they have given to the Board of Trade notice of the intended proceedings and either a period of twenty-eight days has elapsed since the giving of the notice or the Board of Trade have before the end of that period issued a certificate under this section.
(3) A notice under subsection (2) of this section must be accompanied by a summary of the facts on which the charges are to be founded.
(4) A certificate of the Board of Trade that a notice under subsection (2) of this section was given on a date specified in the certificate and was accompanied by the summary required under subsection (3) of this section shall be conclusive evidence that the notice was given on that date and was accompanied by such a summary.")
§ LORD WINTERBOTTOMMy Lords, I beg to move that this House doth agree with the Commons in Amendment No. 23. This Amendment would modify the present rule in subsection (2), that no prosecution may be started by a local weights and measures authority until 28 days after they have given notice of the intended proceedings to the Board of Trade. In effect it would make two changes. First, offences under Clauses 27(5) (disclosure of information obtained by virtue of that clause) and 28 (obstruction of enforcement officers) would be excluded from the requirement to give notice, because we really cannot see that any question of co-ordinating action by different authorities—or of the Board taking over the case—could ever arise in respect of those particular offences. Secondly, the Board of Trade would be able to dispense with the full 28 days' notice in appropriate cases by issuing a certificate on receipt of which the local authority would be free to go ahead with the prosecution at an earlier date. The Amendment would not weaken the Board's ability to perform its intended co-ordinating function under this clause. It would merely enable them to avoid unecessary delays in the institution of proceedings in cases of purely local interest.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Winterbottom.)
§ On Question, Motion agreed to.
880§ 6.30 p.m.