§ 2.54 p.m.
§ THE LORD CHANCELLOR (LORD HAILSHAM OF ST. MARYLEBONE)My Lords, I beg to move that this Bill be now read a third time.
§ Moved, That the Bill be now read 3a. —(The Lord Chancellor.)
§ On Question, Bill read 3a.
§ THE LORD CHANCELLOR moved, as an Amendment to Schedule 3:
§
Page 22, line 18, at end insert—
("THE LAND COMPENSATION ACT 1961
(9 & 10 Eliz. 2 c. 33)
In section 21(1) of the Land Compensation Act 1961 for the words "the Tribunals and Inquiries Act 1958" there shall be substituted the words "the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby)".")
§
The noble and learned Lord said: My Lords, I beg to move the short Amendment standing in my name. It is necessary because of a draftsman's slip. Schedule 3 to the Bill contains consequential Amendments of the kind usually found in Consolidation Bills whereby references to other Acts in the consolidating provisions are translated into references to the corresponding provisions of the Bill. Another enactment requiring translation has come to light, and this Amendment adds it to the Schedule. The
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noble and learned Lord, Lord Gardiner, has asked me about the phrase at the end of the Amendment,
(or any enactment replaced thereby)".
The answer to that is that it is to save pending appeals. My Lords, I beg to move.
§ LORD GARDINERMy Lords, I wonder whether the noble and learned Lord the Lord Chancellor will be good enough to add something with reference to the words in brackets. This is an ordinary Consolidation Bill; it contains in Clause 18(1) the ordinary clause,
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified, being amendments consequential on this Act.There are many examples in the Schedule, and what is done in every case is that where in an Act there is a reference to the former Tribunals Acts, which are now to be replaced by this Act, such reference is to be read as referring to this Act. That we all understand. One was overlooked, and I quite understand that. So far as it says,In section 21(1) of the Land Compensation Act 1961 for the words 'the Tribunals and Inquiries Act 1958' there shall be substituted the words 'the Tribunals and Inquiries Act 1971'",that is what is done in every other case. The additional words,(or any enactment replaced thereby)are puzzling to understand. "Thereby" must be borne by the 1971 Act, and not by the Compensation Act. I still do not understand, whether there are pending appeals or not, why it is necessary to put into the Land Compensation Act 1961 a reference to any Act which is replaced by the Tribunals and Inquiries Act 1971.
§ THE LORD CHANCELLORMy Lords, I thought I had explained that. This is not the only occasion, even in this Consolidation Bill, where there occurs the formula which the noble and learned Lord is asking about. If he will look at page 22 of the Bill he will see that the third item down between the lines 20 and 25 contains two such references. As I said, it is a device by the draftsman whereby the Act can come into force at once point of time. There are a number of pending appeals under the Act of 1958, which is what was referred to, 192 and that saves the Act of 1958 for the purpose of pending appeals. I thought I had made that plain.
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLORMy Lords, I beg to move that the Bill do now pass.
§ Moved, That the Bill do now pass.—(The Lord Chancellor.)
§ On Question, Bill passed, and sent to the Commons.