HL Deb 15 May 1975 vol 360 cc943-6

8.21 p.m.

The LORD CHANCELLOR

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[The Lord AMHERST OF HACKNEY in the Chair.]

Clause 1 [New time limits]:

The LORD CHANCELLOR moved Amendment No. 1: Page 3, line 39, after ("by") insert ("or under").

The noble and learned Lord said: This is a drafting Amendment. New Section 2B.(4) provides that the period of limitation for the purposes of actions under the Fatal Accidents Act 1846 is not to apply to actions for which special limitation periods are prescribed, such as cases of death in a maritime or aircraft accident or as a result of a nuclear accident. Following the precedent of Section 32 of the 1939 Act, the saving for special limitation periods is drafted in terms of periods prescribed by other Acts. There are, however, some limitation periods prescribed by Statutory Instruments as opposed to Acts. The Carriage by Air Act 1961, for instance, which prescribed a period of two years, was extended in 1967 by sub- ordinate legislation to certain classes of carriage not covered by the Act itself—for example, a flight from London to Edinburgh. This Amendment removes any doubt about the limitation period in such a case. It is to be the period provided for in the Statutory Instrument. I beg to move.

On Question, Amendment agreed to.

The LORD CHANCELLOR moved Amendment No. 2: Page 4, line 24, leave out ("section") and insert ("subsection").

The noble and learned Lord said: This Amendment is designed to clarify new Section 2D.(1) which enables the court to allow an extension of time after it has assessed the relative position of the parties. The court is directed to consider the prejudice which an extension would cause to the defendant. The Amendment is designed to enable this provision to be more readily understood by the reader, without requiring him to search through the rest of the section to be sure that he has followed correctly what is intended. The Law Society suggested to me that an Amendment on these lines would improve the Bill, and I am most grateful to them. I beg to move.

On Question, Amendment agreed to.

The LORD CHANCELLOR

Amendment No. 3 is a drafting Amendment, and I do not think it calls for any lengthy explanation. I beg to move.

Amendment moved— Page 5, line 45, after ("Part") insert ("II and").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clause 2 [Persons under disability]:

The LORD CHANCELLOR

Amendment No. 4 is a drafting Amendment to correct a minor inelegancy in Clause 2 of the Bill. An action cannot properly be said to be brought by virtue of a subsection which merely applies certain provisions about extension of a limitation period. The wording proposed shows more clearly that the new subsection (3) of Section 22 is meant to modify Section 22(1) for cases relating to contributions between joint tortfeasors. I beg to move.

Amendment moved— Page 6, line 8, leave out ("If the action is brought") and insert ("Where this section applies").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clauses 3 and 4 agreed to.

Schedule 1 [Consequential and minor Amendments]:

The LORD CHANCELLOR

Again, Amendment No. 5 is a pure drafting Amendment and I do not think I need to trouble your Lordships with any explanation of it.

Amendment moved— Page 8, line 19, at beginning insert ("In the Limitation Act 1938 the proviso to section 2(1) and").—(The Lord Chancellor.)

On Question, Amendment agreed to.

The LORD CHANCELLOR moved Amendment No. 6:

Page 8, line 21, at end insert— ("4. In section 32 of the Limitation Act 1939 (saving for other limitation enactments) after the words "prescribed by" (in both places) there shall be inserted the words "or under".").

The noble and learned Lord said: This Amendment is analogous to the first Amendment I had the honour of moving and ensures that the saving of special limitation periods in Section 32 of the Limitation Act 1939 will save limitation periods prescribed under other Acts. This Amendment will have the same effect in personal injury cases as Amendment No. 1 has in fatal accident cases and is needed for the same reason; namely, to remove any doubt about the appropriate limitation period. I beg to move.

Lord ABERDARE

I hope that the noble and learned Lord will have noted the co-operation which has been offered to him by the Opposition over these Amendments to his Bill. I hope that when we come to the Committee stage of the Welsh Development Agency Bill he will show to us the same co-operation.

The LORD CHANCELLOR

I am most grateful for the forbearance of noble Lords and for their forgiveness in allowing me not to embark upon an explanation of mere drafting Amendments. My noble friend on my right has an urgent appointment with a train, which explains the brevity of my submissions.

On Question, Amendment agreed to.

Schedule 1, as amended, agreed to.

Remaining Schedule agreed to.

House resumed: Bill reported with the Amendments.