HL Deb 16 October 1985 vol 467 cc667-8

161A Line 6, leave out ("an enactment relating to the limitation of actions shall not include any such") and insert ("any of the following acts by a creditor barring the effect of any enactment or rule of law relating to the limitation of actions in any part of the United Kingdom, namely—

  1. (a) the presentation of a petition for sequestration;
  2. (b) the concurrence in such a petition; and
  3. (c) the submission of a claim,
shall be construed as a reference to that act having the same effect, for the purposes of any such enactment or rule of law, as an effective acknowledgement of the creditor's claim; and any reference in this Act to any such enactment shall not include a reference to an").

Lord Cameron of Lochbroom

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 161 as amended by Amendment No. 161A. I would also speak to Amendments Nos. 161B, 161C and 161D, as consequential amendments.

161B Page 17, line 37, leave out (", or the barring of the effect of any enactment or rule of law relating to the limitation of actions in any part of the United Kingdom,").

161C Page 69, line 2, leave out ("17(5)").

161D Page 69, line 3, leave out ("and 52") and insert ("52 and 68(5)").

Amendment No. 161 has the effect, among other things, of clarifying the provisions of the Bill, such as Clauses 8(5), 17(5), 22(8), 45(7) and Schedule 5, paragraph 3, which bar the effect of any enactment or rule of law relating to the limitation of actions in any part of the United Kingdom. Amendment No. 161A further clarifies those provisions by making clear what is meant by certain matters such as the presentation of the petition for sequestration or the submission of a claim barring the effect of such enactments or rule of law. It provides that these references should be construed as having the same effect as an effective acknowledgement of the creditor's claim.

The remaining amendments remove the provision in Clause 17(5) which saves the effect of the interruption of the limitation period on the recall of the sequestration. This is because it is considered unnecessary to do so in English law. They also have the effect of extending the relevant parts of Amendment No. 161 to other parts of the United Kingdom outwith Scotland. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 161 as amended by Amendment No. 161A.—(Lord Cameron of Lochbroom.)

On Question, Motion agreed to.