HL Deb 06 April 1982 vol 429 cc210-2

SECTION INSERTED IN COUNTY COURTS ACT 1959

143A.—(1) A sum may be prescribed which, before complying with an order made in the exercise of the jurisdiction mentioned in section 143(2) of this Act—

  1. (a) any deposit-taking institution; or
  2. (b) any such institution of a prescribed description or with not less than a prescribed number of branches,

may deduct, subject to subsection (2) below, towards the clerical and administrative expenses of complying with the order, from any money which, but for the deduction, would be attached by the order.

(2) The prescribed sum may not be deducted or, as the case may be, retained in a case where, by virtue of section 40 of the Bankruptcy Act 1914 or section 325 of the Companies Act 1948, the creditor is not entitled to retain the benefit of the attachment.

(3) In this section— deposit-taking institution" has the meaning assigned to it by section 143(6) of this Act; and prescribed" means prescribed by an order made by the Lord Chancellor.

(4) An order under this section—

  1. (a) may make different provision for different cases; and
  2. (b) without prejudice to the generality of paragraph (a) of this subsection, may prescribe sums differing according to the amount due under the judgment or order to be satisfied.

(5) Any such order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.").

The noble and learned Lord said: I spoke to this amendment with Amendment No. 51. I beg to move.

Lord Mishcon

I wonder whether the noble and learned Lord has any idea yet of the sums that may be prescribed?

The Lord Chancellor

I could not recite them at this moment, but I will try and let the noble Lord know.

On Question, amendment agreed to.

Schedule 4 agreed to.

Schedule 5 [Damage for personal injuries etc.—Northern Ireland]:

The Lord Chancellor moved Amendments Nos. 76 to 79:

Page 53, line 23, leave out ("substituted for the proviso to") and insert ("inserted after").

Page 53, line 25, at end insert ("(actions to survive death)").

Page 53, line 26, leave out from ("(1A)"to the end of line 29 and insert ("The right of a person to claim under Article 3A of the Fatal Accidents (Northern Ireland) Order 1977 (bereavement) shall not survive for the benefit of his estate on his death.".").

Page 54, leave out line 27.

The noble and learned Lord said: I spoke to these amendments with Amendments Nos. 8, 9 and 10. I beg to move.

On Question, amendments agreed to.

Schedule 5, as amended, agreed to.

Schedule 6 [Amendments of Judicature (Northern Ireland) Act 1978]:

The Lord Chancellor moved Amendments Nos. 80 to 81A:

Page 55, line 12, leave out ("(a)") and insert ("(b)").

Page 55, line 13, leave out from ("requiring") to ("there") in line 16 and insert ("parents of a ward of court to make periodical payments towards the maintenance and education of the ward) after the words "the ward"").

Page 56, line 6, leave out from ("court") to ("and") in line 8.

The noble and learned Lord said: I spoke to these amendments with Amendments Nos. 47 and 48. I beg to move.

On Question, amendments agreed to.

Schedule 6, as amended, agreed to.

Schedule 7 [Repeals and revocations]:

The Lord Chancellor moved Amendment No. 82: Page 58, line 33, at end and insert—

("24 & 25 Geo.5. c. 41. Law Reform (Miscellaneous Provisions) Act 1934. In section 1(1), the Words "or seduction".
1 Edw. 8 & 1 Geo. 6. c. 9(N.I.). Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1937. In section 14(1), the words "or seduction".").

The noble and learned Lord said: I spoke to Amendment No. 82 with Amendments Nos. 8, 9 and 10. I beg to move.

On Question, amendment agreed to.

The Lord Chancellor moved Amendment No. 82A: Page 59, line 11 at end insert—

("1969 c. 46. Family Law Reform Act 1969. Section 16.")

The noble and learned Lord said: Amendment No. 82A is a minor technical amendment consequential on Clause 19. I beg to move.

On Question, amendment agreed to.

The Lord Chancellor moved Amendment No. 83:

Page 59, line 23, column 3, at end insert—

("In Schedule 1, in paragragh 2(2) the entry relating to the Deposit of Poisonous Waste Act 1972.")

The noble and learned Lord said: This amendment repeals an obsolete statutory provision. I beg to move.

On Question, amendment agreed to.

Schedule 7, as amended, agreed to.

House resumed: Bill reported with the amendments.

Back to