§ [References are to Bill No. 100 as first printed or the Commons]
§ Original Commons Amendment:
Clause 23, page 14, line 1, leave out subsection (3) and insert—
'(3) Subject to subsection (3A) below, Parts I and II of this Act do not apply to proceedings in respect of matters that occurred before the date of the coming into force of this Act and, in particular, sections 3, 4 and 9 do not apply in the case of any transaction, contract or arbitration agreement entered into before that date.
(3A) Sections 2 and 12 above apply to any proceedings instituted after the coming into force of this Act.'
§ Lords Amendment:
§ In subsection (3), line 4, leave out 3, 4 and 9 do not apply in the case of any' and insert '2(2), 3, 4 and 9 do not apply in the case of any written agreement'.
§ The Commons agree to this Amendment to their Amendment and propose the following Amendment thereto:
§ Line 2, leave out from '2(2)' to the end of line 3 and insert 'and 13(3) do not apply to any prior agreement, and sections 3, 4 and 9 do not apply to any'.
§ The LORD CHANCELLOR
My Lords, I beg to move that the House doth agree with the Commons in their Amendment to the Lords Amendment to the Commons Amendment. This Amendment relates to Amendments that were moved by the noble Baroness, Lady Elles, with a view to ensuring that none of the provisions of this Bill should have retro-spective effect. It is consequential on the previous Lords Amendment to include a reference to Section 2(2) in Clause 23(3), which provides what transitional impact the Act is to have on contracts, and the effect of this Amendment is to add Section 13(3) to the list. Clause 13(3) covers another class of prior agreement covering submission to execution, which had been overlooked. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ Baroness ELLES
My Lords, on behalf of my noble friends, I should like to express our gratitude to the noble and learned Lord on the Woolsack. We have, of course, no objection to this Amendment. 1700 I regard it purely as a consequential Amendment to the Amendments that we have already debated through the many stages of this Bill. I hope now that we have the Bill right, and that it will serve a useful purpose in the commercial transactions of individuals and foreign States. I beg to support the Amendment.
§ The LORD CHANCELLOR
My Lords, I should like to express my gratitude to the noble Baroness for her considerable assistance on this highly technical Bill.
§ On Question, Motion agreed to.