§ 3.5 p.m.
§ The LORD CHANCELLOR (Lord Elwyn-Jones)My Lords, it may be for the convenience of the House if I speak to all these Amendments together. These proposed Amendments to Judicial Business Standing Orders give effect to a recommendation from the House of Lords Offices Committee, contained in their first report for the Session 1976–77 to which the House agreed on 21st December last. The House decided that in future Standing Orders would provide a general authority to charge fees and fix security for costs where appropriate, while the actual amounts to be charged would be authorised from time to time by the agreement of the House to recommendations contained in reports from the Offices Committee. It was considered that this would simplify the existing procedure relating to increases of fees or security for costs.
The present procedure is broadly that, first, an Appeal Committee approves proposed increases, then the House of Lords Offices Committee gives its approval, to which approval the House agrees, and finally the increases have to be moved in your Lordships' House by the Lord Chancellor of the day as Amendments to Judicial Standing Orders. It is proposed that in future the increases should be authorised by the Housing agreeing to a report from the Offices Committee. The 1034 proposed Standing Order No. XV provides a similar general authority for the payment of fees and expenses where appropriate to nautical assessors whose attendance at Admiralty appeals is required. With the leave of the House, I beg to move Amendments Nos. 1 to 6 en bloc.
§ Moved, that the following Amendments be made to Judicial Business Standing Orders set out in Appendix 1 to the Minutes of Proceedings:
§ Standing Order VI
§ 1. The following Standing Order shall be substituted for Standing Order No. VI, namely—
§ (".—(1) ORDERED, that in all Appeals the Appellants do give security for costs either—
- (a) by paying into the House of Lords Security Fund Account such sums as shall be authorised from time to time by the House, to be subject to the Order of the House with regard to the costs of the Appeal; or
- (b) by paying into the House of Lords Security Fund Account such sum as shall be authorised from time to time by the House, and by entering into a recognizance, in person or by substitute, to a similar sum; or
- (c) by procuring two sufficient sureties to the satisfaction of the Clerk of the Parliaments, to enter into a joint and several bond to such sum as shall be authorised from time to time by the House, and by entering into a recognizance, in person or by substitute, to a similar sum.
§ ORDERED, that all payments of money into the Security Fund Account be made within one week of the presentation of the Appeal.
§ ORDERED, that the names of sureties or substitutes, with a certificate of sufficiency signed by the Agents for the Appellants, be lodged in the Parliament Office within one week of the presentation of the Appeal, two clear days' previous notice of the names so proposed for the bond and the recognizance having been given to the Solicitors or Agents for the Respondents.
§ (2) ORDERED, that, in the event of the Clerk of the Parliaments requiring a justification of the sureties or substitute, the Agents for the "Appellants do, within one week from the date of official notice to that effect, lodge in the Parliament Office an affidavit or affidavits by the proposed sureties or substitute, setting forth specifically the nature of the property in consideration of which they claim to be accepted, and also declaring that the property in question is unencumbered and that, after payment of all just debts and liabilities, such sureties or substitute are each well and truly worth the sums required under the bond or the recognizance respectively.
§ ORDERED, that, in the event of the proposed sureties to the bond not being deemed satisfactory by the Clerk of the Parliaments, the Appellants do, within four weeks of the date of official notice by the Clerk of the Parliaments to 1035 that effect, pay into the Security Fund Account such sum as shall be authorised from time to time by the House, to be subject to the Order of the House with regard to the costs of the Appeal; and that, in the event of the proposed substitute to the recognizance not being deemed satisfactory by the Clerk of the Parliaments, Appellants do enter into the usual recognizance in person.
§ (3) ORDERED, that any such bond and the recognizance (whether entered into by the Appellants or by a substitute) be returned to the Parliament Office duly executed within one week from the date of the issue thereof to the Solicitors or Agents for the Appellants.
§ On default by the Appellants in complying with the above conditions, the Appeal to stand dismissed.
§ (4) ORDERED, that this Standing Order shall not apply to Appellants who have been granted legal aid.")
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c1035
- STANDING ORDER XIII 48 words c1035
- STANDING ORDER XIV 114 words c1035
- SCHEDULE 102 words cc1035-6
- AFTER STANDING ORDER XIV 385 words