HL Deb 22 April 1971 vol 317 cc856-7

[Nos. 89 –94]

Schedule 8, page 68, line 25, at end insert — ( ) In section 85 of the said Act (abandonment of appeal)—

  1. (a) subsection (1) (which is superseded by the provisions of this Act authorising the making of Crown Court rules) shall cease to have effect;
  2. (b) after subsection (2) insert: —
(2A) In this section "appeal" means an appeal from a magistrates' court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates' court to have been given in accordance with Crown Court rules'.

Schedule 8, page 68, line, 39, at end insert: (3) In section 201 of the said Act, in the definition beginning 'judge' for the words `appointed for a district under this Act' substitute 'assigned to a district under section 20(1) of the Courts Act 1971'.

Schedule 8, page 68, line 39, at end insert —

"Highways Act 1959

—(1) In section 60(2) of the Highways Act 1959 for the words from the beginning to 'clerk of the peace substitute' The complainant for an order under the last foregoing section shall give notice in writing of the application to the appropriate officer of the Crown Court'.

(2) At the end of section 108(7) of the said Act for the words clerk of the peace' substitute 'clerk of the appropriate authority.'

(3) In section 108(8) of the said Act for the words from 'to the clerk of the peace 'to the end of the subsection substitute to the clerk of the appropriate authority, together with any written consents produced to the magistrates' court under subsection (7) of this section'."

Schedule 8, page 68, line 39, at end insert —

"Obscene Publications Act 1959

.In section 3(5) of the Obscene Publications Act 1959 (tme of coming into force of forfeiture order) for the words from fourteen days 'to' order is made' substitute 'the period within which notice of appeal to the Crown Court may be given against the order'."

Schedule 8, page 68, line 42, after "60(1)" insert "65(1)".

Schedule 8, page 68, line 46, at end insert —

"Caravan Sites and Control of Development Act 1960

'.In section 9(2) of the Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from on such date' to the words 'case stated or otherwise' substitute 'on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction'."

THE LORD CHANCELLOR

My Lords, I beg to move that this House cloth agree with the Commons in their Amendments Nos. 89 to 94. Amendment No. 89 is purely technical, on costs. I have spoken to Amendment No. 90 when dealing with Amendments Nos. 8 to 10, and Amendments Nos. 91 to 94 are purely drafting. I therefore beg to move.

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

On Question, Motion agreed to.