HL Deb 05 November 1979 vol 402 cc604-8

2.56 p.m.

The LORD CHANCELLOR

My Lords, I beg to move that the House do now resolve itself into a Committee on Recommitment on the Bill. I must express my regret that there are a number of amendments on a consolidation Bill, but when we come to it—if we do—noble Lords will find that there is very little in it.

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

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD ABERDARE in the Chair.]

Clauses 1 to 66 agreed to.

Clause 67 [Promissory oaths of certain justices]:

The LORD CHANCELLOR moved Amendment No. 1: Page 42, line 24, leave out ("section") and insert ("sub-section").

The noble and learned Lord said: This amendment corrects a clerical error which was in the Bill when it was introduced, but which had not previously been noticed. I beg to move.

On Question, amendment agreed to.

Clause 67, as amended, agreed to.

Clauses 68 to 72 agreed to.

Schedule 1 agreed to.

Schedule 2 [Consequential amendments]:

The LORD CHANCELLOR moved Amendments Nos. 2 and 3:

Page 51, line 16, leave out from ("44") to ("for") in line 18.

Page 51, line 20, leave out from ("56(B)(7)") to ("for") in line 22.

The noble and learned Lord said: With Amendment No. 2, I should also like to speak to the amendment on line 20 as well. The words proposed to be left out have been rendered superfluous by the Domestic Proceedings and Magistrates' Courts Act 1978 (Commencement No. 3 Order 1979) made on 26th June. The words in question relate to certain provisions of the Domestic Proceedings and Magistrates' Courts Act 1978 and would have been needed if those provisions had not come into force before the commencement of the Bill. The order however brings those proceedings into operation on 1st November 1979, which in the events which have now happened, is bound to be a date earlier than the commencement of the Bill; that is to say, three months after Royal Assent. I beg to move these amendments en bloc.

On Question, amendments agreed to.

3 p.m.

The LORD CHANCELLOR moved Amendment No. 4:

Page 51, line 26, at end insert—

("Affiliation Proceedings Act 1957 (c. 55)

9A. In section 3(1), in relation to any time after the coming into operation of section 49 of the Domestic Proceedings and Magistrates' Courts Act 1978, for "section 1 of the Administration of Justice Act 1973" substitute "the Justices of the Peace Act 1979".").

The noble and learned Lord said: This amendment will insert in the schedule a new paragraph in substitution for the existing paragraph 26 which is to be deleted by the subsequent amendment. It is only a drafting amendment for improving the form of the legislation. Where an existing principal Act has been prospectively amended by a provision of an amending Act which is not yet in force, and the further amendment has to be made in consequence to the Bill, the method adopted elsewhere in Schedule 2 is to amend the principal Act and not the amending Act. This is thought to be the method most useful to users of the statutes. Paragraph 26 is out of line with this pattern. I beg to move.

On Question, amendment agreed to.

The LORD CHANCELLOR moved Amendments Nos. 5 and 6:

Page 51, line 35, at end insert—

("Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

11A. In the Schedule, in the proviso to paragraph 2, for the words from "section 121" to "other magistrates" substitute"section 16(1) of the Justices of the Peace Act 1979 (which exempts stipendiary magistrates from certain restrictions imposed by the Magistrates' Courts Act 1952)" and for "that Act" substitute "the Magistrates' Courts Act 1952".").

at end insert—

("Criminal Justice Act 1967 (c. 80)

11 B. In section 45(4), for "Part IV of the Justices of the Peace Act 1949 "substitute" Part VI of the Justices of the Peace Act 1979".").

The noble and learned Lord said: May I take Amendment No. 5 with the second amendment on line 35. These Amendments form part of a group of amendments to insert in the schedule further consequential amendments of enactments containing references to provisions which are to be consolidated by the Bill. It is not essential that all such enactments should be expressly amended. The necessary substitution of references to provisions of the Bill for references to provisions consolidated by the Bill will, in default of express amendment, be made by the Interpretation Act 1978, Section 17(2)(a), but it is for the convenience of users of the statutes that as many of the enactments in question as come to light during the period of consolidation should be expressly amended. I beg to move.

On Question, amendments agreed to.

The LORD CHANCELLOR moved Amendment No. 7: Page 51, leave out lines 41 to 43.

The noble and learned Lord said: This is a pure drafting amendment. The amendment will delete a paragraph inserted in the schedule in error. It purports to amend Section 43 of the Administration of Justice Act 1970, but in fact that section has already been repealed. I beg to move.

On Question, amendment agreed to.

The LORD CHANCELLOR moved Amendments Nos. 8, 9, 10 and 11:

Page 51, line 43, at end insert—

("Guardianship of Minors Act 1971 (c. 3)

12A. In section 15, in subsections (1) and (4), in relation to any time after the coming into operation of section 47(1) of the Domestic Proceedings and Magistrates' Courts Act 1978, for "Administration of Justice Act 1973" substitute "Justices of the Peace Act 1979".")

Page 52, line 5, at end insert—

("Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

14A. In section 27(2), in relation to any time after the coming into operation of section 56 of the Domestic Proceedings and Magistrates' Courts Act 1978, for "section 1 of the Administration of Justice Act 1973" substitute "the Justices of the Peace Act 1979".")

Page 52, line 10, at end insert—

("Criminal Justice Act 1972 (c. 71)

15A. In section 51, in subsection (4), for "section 5(1) of the Justices of the Peace Act 1968" substitute "section 28(1) of the Justices of the Peace Act 1979".")

Page 53, line 10, leave out ("38(4)") and insert ("38—

  1. (a)in subsection (3), for "section 1 of the Administration of Justice Act 1973 "substitute"section 8 of the Justices of the Peace Act 1979";
  2. (b)in subsection (4).").

The noble and learned Lord said: May I take Amendment No. 8 with the amendments to page 52, line 5, paragraph 14A, and page 52, line 10, No. 15A, and page 53, line 10, which go with it in consequence. These raise the same point, as I have already explained on the two amendments to page 51, line 35. I beg to move.

On Question, amendments agreed to.

The LORD CHANCELLOR moved Amendment No. 12: Page 53, leave out lines 20 and 21.

The noble and learned Lord said: This is consequential on the amendment to page 51, line 26. I beg to move.

Lord ELWYN-JONES

Having myself engaged in this fascinating patter on many occasions, I congratulate the noble and learned Lord the Lord Chancellor on the speed with which he has accomplished reading out the incomprehensible, and doing it so felicitously.

The LORD CHANCELLOR

I am very grateful to the noble and learned Lord. I thought perhaps I was deceiving the Committee into thinking I knew something about it.

On Question, amendment agreed to.

Schedule 2, as amended, agreed to.

Remaining schedule agreed to.

House resumed: Bill reported with the amendments.