HL Deb 22 April 1971 vol 317 cc859-65

[Nos. 99–168]

Schedule 8, page 71, line 2, after "20" insert "22(3)"

Schedule 8, page 71, line 7, at end insert — . In section 16(2) of that Act (exemption from jury service of persons concerned with criminal cases) after paragraph (c) insert: — (cc) officers of the Crown Court, and persons appointed or employed to assist them, being officers or other persons whose work is wholly or mainly concerned with the day-to-day administration of the Crown Court."

Schedule 8, page 71, line 10, leave out "a judge of the Crown Court and insert that court"

Schedule 8, page 71, line 24, at end insert — ( ) After the said subsection (1) insert: — (1A) Subsection (1) above does not apply where the power conferred by the said section 14(1) is excluded by subsection (5) of that section (fine imposed on appeal from a magistrates' court)."

line 30, leave out "a judge of the Crown Court" and insert "that court"

Schedule 8, page 72, line 29, at beginning insert — (1) In section 3(7) of the Children and Young Persons Act 1969 for the words "quarter sessions substitute "the Crown Court".

(2)"

Schedule 8, page 72, line 30, leave out "Children and Young Persons Act 1969" and insert "said Act".

SCHEDULE 9

Schedule 9, Page 73, line 13, at end insert —

"Ordinance Survey Act.1841. Section 2"

Schedule 9, Page 73, column 2, leave out line 16 and insert "Section" leave out line 25 and insert —

"Highways and Locomotives (Amendment) Act 1878. Section 37."
leave out line 38.

Schedule 9, Page 73, column 2, leave out line 42 and insert "Section 102"

Schedule 9, Page 73, line 42, and insert —

"Pharmacy and Poisons Act 1933. Section 21(2)."

Schedule 9, Page 74, line 43, column 2, leave out "8, 11" and insert "8 to 11"

Schedule 9, Page 74, line 49, at end insert—

"Compulsory Purchase Act 1965. Section 12(3)."

Schedule 9, Page 75, line 10, at end insert—

"Town and Country Planning Act 1968. Section 50(7). Section 53(6)."

Schedule 9, Page 75, column 2, leave out lines 18 and 19 and insert "Section 31"

Schedule 10, pace 77, line 13, leave out from "been" to end of line 15 and insert "assigned to that district (in his capacity as a Circuit judge) under section 20(1) of this Act"

Schedule 10, pace 77, line 46, at end insert— .—(1) The repeal by this Act of section 10 of the Criminal Justice Administration Act 1956 shall not affect the continuing liability of the city council of Liverpool or the city council of Manchester to pay to the Lord Chancellor under subsection (2) of that section, at such times as may be agreed between him and the council concerned, one-half or such other part as may with the concurrence of the Treasury be so agreed, of any sums payable under that Act on account of any pension or other benefit payable after the appointed day in respect of any person's service as Recorder of Liverpool or Recorder of Manchester at any time before that day.

(2) Any sums received by the Lord Chancellor by virtue of this paragraph shall be paid into the Exchequer."

Schedule 10, Page 78, line 40, at beginning insert "(1) Subject to sub-paragraph (2) below"

Schedule 10, Page 78, line 41, leave out "clerk of the peace of a county or"

Schedule 10, Page 78, line 50, leave out "or" and insert "and"

Schedule 10, Page 78, line 51, at end insert — (2) Sub-paragraph (1) above shall not apply in the case of a person who is a contributory employee to whom the preceding paragraph applies and who exercises the right given to him by sub-paragraph (2) of that paragraph to pay contributions of the like amount as if his remuneration had not been reduced.

Schedule 10, Page 80, line 20, at end insert—

"Seconding of staff from local or other authorities

16.—(1) This paragraph has effect in order to meet any temporary shortage of staff to be appointed by the Lord Chancellor for the Supreme Court or county courts which may arise in the course of bringing the provisions of this Act into force.

(2) A local or other authority may enter into any agreement with the Lord Chancellor for the placing at the disposal of the Lord Chancellor, on such terms as may be provided by the agreement, of the services of any person who is employed by the authority and who gives his consent.

(3) For the avoidance of doubt it is hereby declared that for superannuation purposes service rendered by a person whose services are placed at the disposal of the Lord Chancellor in pursuance of this paragraph is service rendered to the authority by whom that person is employed.

(4) This paragraph applies whether or not the staff to be placed at the disposal of tie Lord Chancellor were employed in the discharge by the Authority of duties of which the authority will be relieved by this Act, and is without prejudice to any other power exercisable by the authority for the purposes set out in sub-paragraph (2) above."

Schedule 11, page 80, column 3, leave out lines 34 to 41 and insert Section 21"

Schedule 11, Page 81, column 3, leave out lines 34 to 37 and insert "In section 1 the words from the last "and" in proviso (a) to "the Indictments Act 1915" "

Schedule 11, Page 86, line 18, column 3, at end insert "In section 5, in subsections (3) and (4), the words "and giving evidence" "

Schedule 11, Page 86, line 31, column 3, at end insert "and paragraph 31(2)(3)"

Schedule 11, Page 87, line 39, column 3, at beginning insert— In section 7 the words from "before or at" to the end of the section.

Schedule 11, Page 88, line 28, column 3, at beginning insert "which"

Schedule 11, Page 88, line 33, column 3, leave out "Section 10" and insert "Sections 10, 11 and 12"

Schedule 11, Page 88, line 51, at end insert—

"3 & 4 Vict.c.110. The Loan Societies Act1840. In section 4, the words following 'general quarter sessions' to transmitted to him as aforesaid', and the words without motion '."

Schedule 11, Page 88, line 54, column 3, at end insert —

"In section 5, the words from and in case it shall happen' to in the execution of the purposes of this Act.'
In section 6, the words or by such inhabitants as aforesaid '."

Page 89, line 11, at end insert —

"10&11 Vict. c.16 The Commissioners Clauses Act 1847 In section 3, the definition of 'quarter sessions'. Section 93.
"10&11 Vict c.27 The Harbours Docks and pier Clauses Act 1847 section 26.In section 85, the words 'England or.'
In section 90 the words' or the court of quarter sessions', the words' or of the chairman of the court' and the words or chairman'."

Page 89, line 11, at end insert —

"10 & 11 Vict. c. 28. The county Buildings Act 1847. The whole Act".

Page 89, line 12, column 3, at beginning insert —"In section 3 the definition beginning 'The expression" quarter sessions" '."

Page 89, line 24, at end insert —

"10 & 11 Vict. c. 89. The Town Police Clauses Act 1847. In section 3, the definition beginning "The expression "quarter sessions" "."

Page 89, line 35, column 3, leave out "or"

Page 89, line 48, at end insert—

"24 & 25 Vict. c. 45. The Piers and Harbours Act 1861. In section 15, the words "England and""

Page 90, leave cut lines 52 to 54.

Page 91, column 3, leave out line 7 and insert" "and enforced" to the end of the section"

Page 91, line 36, column 3, leave out from "to" to end of line 38 and insert "168.

Page 91, Sections 175 to 177." line 51, column 3, at end insert "(where they first occur)"

Page 92, line 4, column 3, at end insert "Schedule 6"

Page 92, column, 3, leave out line 19 and insert —

"In section 34(e) the words "to the return of panels or juries, or"."

Page 93, column 3, leave out line 12 and insert "and the words from" the assizes "to" the judges" except for the words "petty sessions" "

Page 94, line 32, column 3, after "assize" insert "county"

Page 94, line 35, column 3, at end insert "In Schedule 3, in Part the words "Official Referee to the Supreme Court" "

Page 94, line 37, column 3, at end insert "and in column 2 of that Schedule paragraphs 2(ii) and 4(iii)"

Page 94, line 49, at end insert —

"18 & 19 Geo.5.c.26. The Administration of justiceAct1928. Sections 3 and 4. In Schedule 1, the amendments of sections 112 and 116 of the Judicature Act 1925."

Page 95, line 50, at end insert —

"1 & 2 Geo. 6. c.67 The Supreme Court of Judicature (Amendment) Act 1938. In section 2, subsections (2) and 3) "

Page 96, line 15, after "1859" insert "the Local Government Act 1888"

Page 96, column 3, line 29, leave out from "words" to end of line 34 and insert "by the sheriff, mayor or other person"

Page 97, line 42, column 3, after "1" insert "the entry beginning "Judge appointed for a district "and"

Page 98, line 25, column 3, at beginning insert—

Section 1(4)."

Page 98, column 3, leave out line 36 and insert—

"Section 84. Section 85(1)."

Page 98, line 49, column 3, leave out "section 20" and insert "sections 20 and 29"

Page 99, line 2, column 3, at end insert—

"Section3."

Page 100, line 14, column 3, leave out "clerk or deputy clerk of"

Page 100, line 23, column 3, at beginning insert" "to"

Page 100, line 24, column 3, at end insert —

"Section 2. Schedule 1."

Page 100, column 3, leave out lines 34 to 39 and insert —

"In section 2(2), the proviso. Sections 3 to 10."

Page 101, line 14, at end insert —

" 1963 c. 2. The Betting Gaming and Lotteries Act 1963 In Schedule 2, in paragraph 6, the words from "in accordance" to "1849".
In Schedule 3, in paragraph 13(2), the words from "in accordance" to "1849".
In Schedule 7, in paragraph 5, the words from "in accordance" to "1849"."

Page 101, column 3, leave out line 21, and insert "subsections (1) and (2) of section 23"

Page 102, line 39, column 3, at beginning insert "In section 1(3) the words" of the Queen's Bench Division "and paragraph (a)"

Page 102, line 39, column 3, at end insert —

"In Schedule 2, paragraph 5."

Page 103, line 4, after "2" insert "paragraph 1 and "

Page 104, line 25, column 3, at end insert—

"Section 25(1)(a). Section 26(1)."

Page 104, line 26, column 3, at end insert—

"Section 45(1)."

Page 104, line 26, column 3, at end insert —

" In Schedule 2, in paragraph 6, the amendments of sections 70, 109, 113, 115 and 116 of the Judicature Act 1925, and paragraph 10 In Schedule 9, paragraphs 8 and 21."

THE LORD CHANCELLOR

My Lords, in pursuance of the noble and learned Lord's invitation, I now beg to move that this House doth agree with the Commons in the remaining Amendments.

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

LORD AIREDALE

My Lords, I think it was only a day or two ago that we were congratulating ourselves as a House that a Bill which we had sent to the Commons came back to us with only, I think, four Commons Amendments. We thought that indicated that we had done our work rather well. To-day would seem to be a day for self-congratulation on the part of the other place who have succeeded in introducing 168 Amendments into a Bill which we sent to them.

THE LORD CHANCELLOR

My Lords, I am obliged to the noble Lord, Lord Airedale. I think the truth of the matter—without undue congratulation to either place—is that in order to get this Bill this Session I had to prepare it, owing to the Parliamentary Time-table, on such a date that it would go through this House first in the early part of the Session. One has to do this, I think, every year if one is to get the maximum use out of two Houses of Parliament. The result was that there were a number of blemishes on the Bill, some of which I tried to remedy on Committee and Report here; but some of which were remedied in the Commons because they were spotted only after the Bill left this House. I am not depreciating the work of the Opposition in the other place, who were most helpful. We have seen from time to time, in the course of this rather dull debate, that the Commons, either the Opposition or the Government, have managed to introduce new matter which is of value. But I am very grateful to the noble Lord, Lord Airedale.

On Question, Motion agreed to.