HL Deb 29 June 1982 vol 432 cc185-6

36 Schedule 7, page 80, line 30, insert in margin "[Article 5(5)]"

37 Schedule 7, page 80, line 34, insert in margin "[Article 5(6)]"

38 Schedule 7, page 80, line 26, insert in margin "[Article 16(1)]"

39 Schedule 7, page 80, line 29, insert in margin "[Article 16(2)]"

40 Schedule 7, page 80, line 34, insert in margin "[Article 16(3)]"

41 Schedule 7, page 80, line 37, insert in margin "[Article 16(5)]"

42 Schedule 7, page 80, line 6, insert in margin "[Article 17(1)]"

43 Schedule 7, page 80, After Schedule 7, insert the following new Schedule—

"PROCEEDINGS EXCLUDED FROM SCHEDULE 7

1. Proceedings concerning the status or legal capacity of natural persons (including proceedings for separation) other than proceedings which consist solely of proceedings for adherence and aliment or of affiliation and aliment.

2. Proceedings for regulating the custody of children.

3. Proceedings relating to tutory and curatory and all proceedings relating to the management of the affairs of persons who are incapable of managing their own affairs.

4. Proceedings in respect of sequestration in bankruptcy; or the winding up of a company or other legal person; or proceedings in respect of a judicial arrangement or judicial composition with creditors.

5. Proceedings relating to a company where, by any enactment, jurisdiction in respect of those proceedings is conferred on the court having jurisdiction to wind it up.

6. Admiralty causes in so far as the jurisdiction is based on arrestment in rem or ad fundandam jurisdictionem of a ship, cargo or freight.

7. Commissary proceedings.

8. Proceedings for the rectification of the Register of Aircraft Mortgages kept by the Civil Aviation Authority.

9. Proceedings under section 7(3) of the Civil Aviation (Euro-control) Act 1962 (recovery of charges for air navigation services and proceedings for damages against Eurocontrol).

10. Proceedings brought in pursuance of an order under section 3 of the Continental Shelf Act 1964.

11. Proceedings under section 6 of the Protection o Trading Interests Act 1980 (recovery of sums paid or obtained pursuant to a judgment for multiple damages).

12. Appeals from or review of decisions of tribunals.

13. Proceedings which are not in substance proceedings in which a decree against any person is sought.

14. Proceedings brought in any court in pursuance of—

  1. (a) any statutory provision which, in the case of any convention to which Article 57 applies (conventions relating to specific matters which override the general rules in the 1968 Convention), implements the convention; and
  2. (b) any rule of law so far as it has the effect of implementing any such convention.".

44 Schedule 8, leave out Schedule 8.

Lord Mackay of Clashfern

My Lords, I beg to move that the House doth agree with the Commons Amendments Nos. 36 to 44 en bloc. They are all consequential on matters which either the noble and learned Lord the Lord Chancellor or I have dealt with earlier.

Moved, That this House doth agree with the Commons in the said amendments.—(Lord Mackay of Clashfern.)

On Question, Motion agreed to.