§ [No. 4]
§ After Clause 5, insert the following new clause:
§ Divisional Courts
§ ". In paragraph (b) of the proviso to section 63(6) of the Supreme Court of Judicature (Consolidation) Act 1925 (which requires the president of a division of the High Court, in constituting a divisional court, to obtain the concurrence of other judges of his division, but only two of them in the case of the Queen's Bench Division), the words" with the concurrence of the other judges of the Division or a majority thereof, or in the case of the King's Bench Division" shall be omitted."
§ THE LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 4. May I also speak to Amendment No. 62? The provisions of the Supreme Court of Judicature (Consolidation) Act provide that a Divisional Court shall be constituted of two Judges, and no more, with a proviso that they may sit more if, in effect, the head of the Division and other Judges agree. In the case, for example, of the Probate, Divorce and Admiralty Division, all the Judges have to agree; but in the case of the Queen's Bench Division it is sufficient if two other Judges agree. At the time of all this, about 1930, there were a large number of Queen's Bench Division Judges, some of whom would be on circuit, so that it was very reasonable that no more than two others beside the Chief Justice should have to agree. But at that time the Probate, Divorce and Admiralty Division consisted of the President and two Judges, whereas it now consists of the President and 17 Judges, some of whom, again, are usually on circuit. The purpose of this Amendment is to bring the practice, so far as that Division is concerned, into line with that of the Queen's Bench Division.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.