§ [No. 13.]
§
Clause 23, page 14, line 1, leave out subsection (3) and insert—
'(3) Subject to subsection 3(A) 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.'
§ The LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 13. This Amendment is intended to clarify the transitional impact of the Bill. Clause 23(3) at present provides that the Bill does not apply to proceedings in respect of matters that occurred before the coming into force of this Bill, but it has a number of defects. First, a reference to matters occurring before the coming into force of the Bill leaves an ambiguity where the proceedings concern a breach of contract—namely, is the relevant matter the date of conclusion of the contract or the date of the breach of it? In relation to clauses concerned with contracts or other agreements (Clauses 3, 4 and 9 are applicable), it is made clear that the Bill is not to apply unless the agreement was entered into before the Bill comes into force. Secondly a separate subsection (3)(a) provides that the two clauses which deal with procedural matters (Clauses 2 and 12), are to apply to any proceedings instituted after the Bill comes into force. There are other minor improvements in the Amendment.
§ Moved, That this House cloth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ The LORD CHANCELLORMy Lords, I am reminded that I should call Amendment No. 13A, and I am most 322 grateful to my noble friend Lord Strabolgi for his agile intervention, if I may so describe it.
§ 3.32 p.m.
§ Baroness ELLES moved Amendment No. 13A as an Amendment to Amendment No. 13: