HL Deb 27 June 1978 vol 394 cc273-4

[No. 28.]

After Clause 80, insert the following new clause:

Statutory deposits

'.—(1) Section 80(1) shall apply to a statutory deposit as it applies to the payment of money into the Supreme Court; and section 80(2) and (3) shall apply to the deposit with the Accountant General of securities in lieu of money in exercise of a right to make such a deposit conferred by section 29 of the Tramways (Ireland) Act 1860 or by rules made by virtue of subsection (2).

(2) Sections (Investment of funds in court) and (Rules as to funds in court) shall apply to a statutory deposit and to securities which are in the hands of the Accountant General in consequence of a person's having availed himself of such a right as is mentioned in subsection (1) and rules made under section 82 may include separate provisions with respect to such deposits and securities and, in particular, may authorise the deposit, under the statutory provisions mentioned in subsection (3), of securities in lieu of money.

(3) In this section and sections (Application of investment provisions) and 84 "statutory deposit" means money desposited with the Accountant General under or by virtue of—

  1. (a) section 29 of the Tramways (Ireland) Act 1860;
  2. (b) section 7 of the Industrial Assurance Act (Northern Ireland) 1924;
  3. (c) section 4 of the Prevention of Fraud (Investments) Act (Northern Ireland) 1940; or
  4. (d) section 75(2)(b) or 78(1)(a) of the Road Traffic Act (Northern Ireland) 1970;
or any statutory provision which was re-enacted by any of those provisions.'

9.4 p.m.

The LORD CHANCELLOR

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 28. With this Amendment, which inserts a new clause, I will speak also to Amendments Nos. 31, 34, 50, 75, 76 and 89. This group of Amendments deals with statutory deposits; that is to say, deposits which can or must be paid into court under various statutory provisions, for example as an alternative to taking out third party motor insurance. They will simplify the provisions as to rules dealing with these payments into the Supreme Court. The new clause applies rules as to funds made under the new Clauses 81 and 82 to statutory deposits in the same way as to any other funds in court. This rectifies the mistaken reference in the existing Clause 83 to statutory deposit regulations which are made by the Northern Ireland Department of Commerce under the statutes listed in subsection (3) of the new clause. The remaining Amendments are purely consequential.

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