§ 3 Clause 19, page 12, line 40, leave out subsection (2).
§ The Lord Advocate (Lord Mackay of Clashfern)My Lords, in moving that this House doth agree with the Commons in their Amendments Nos. 3 to 7, I will also speak, on the same basis as did my noble and 172 learned friend the Lord Chancellor, to a related amendment, No. 43. The effect of the amendments in this group is to recast those provisions of Part III of the Bill which govern the application of the new Scottish rules of jurisdiction in what we hope is a more straightforward form, principally by removing to a new schedule those preservations of existing jurisdictions which were formerly to be found in Clauses 19 and 20.
The amendments, which also make certain substantive alterations in these provisions, are parallel in purpose and effect to those made by the earlier amendments to which my noble and learned friend has spoken. Amendments Nos. 4 and 5 are minor drafting amendments which make absolutely clear that the new Scottish jurisdictional rules introduced by Part III of the Bill relate only to territorial jurisdiction, and have no effect whatsoever on the competence as respects subject-matter of either the Court of Session or the sheriff court. I beg to move that this House doth agree with the Commons in their Amendment No.3.
§ Moved, That this House doth agree with the Commons in the said amendment.—(Lord Mackay of Clashfern.)
§ On Question, Motion agreed to.