HL Deb 21 July 1988 vol 499 c1554

References are to Bill 157 as first printed for the Commons.

1 After Clause 44, insert the following new clause:

Restoration of possession and specific performance.

'The Court may, on application by summary petition—

  1. (a) order the restoration of possession of any real or personal property of the possession of which the petitioner may have been violently or fraudulenty deprived; and
  2. (b) order the specific performance of any statutory duty, under such conditions and penalties (including fine and imprisonment, where consistent with the enactment concerned) in the event of the order not being implemented, as to the Court seem proper.'.

2 Insert the following new clause:

Specific relief may he granted in interdict proceedings.

'Where a respondent in any application or proceedings in the Court, whether before or after the institution of such proceedings or application, has done any act which the court might have prohibited by interdict, the Court may ordain the respondent to perform any act which may be necessary for reinstating the petitioner in his possessory right, or for granting specific relief against the illegal act complained of.'.

3 Schedule 2, page 18, column 3, leave out lines 41 to 45 and insert—

'Sections 50 to 101.'.

4 Page 22, line 20, column 3. at end insert—

'Section 89. In section 91 the words from the beginning to "seem proper"."

5 Page 28, column 3, leave out line 29 and insert—

'Sections 76 to 88. Section 90.'.

Lord Cameron of Lochbroom

My Lords, with leave, I beg to move that this House do agree with the Commons in their Amendments Nos. 1 to 5 inclusive. The amendments made to this Consolidation Bill in the other place were passed without opposition and have been approved by the Chairman of the Joint Committee on Consolidation Bills. The main amendment concerns Section 89 of the Court of Session Act 1868. The original view of the Scottish Law Commission was that this whole provision had been rendered obsolete by the abolition of the Bill Chamber in 1933. However, recently the section was founded on in litigation before the court and on this being brought to attention it was appreciated that the provision was not wholly obsolete and that a part of it should be retained. Accordingly, in the other place the provision was repealed and in part re-enacted. This was to ensure, as is proper with Consolidation Bills, that the law was restated but not altered. The other amendments are minor or consequential. I beg to move the amendments en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 1 to 5. — (Lord Cameron of Lochbroom.)

Lord Morton of Shuna

My Lords, again I have no intention to oppose this but merely wish to welcome the usefulness of having this consolidation measure.

On Question, Motion agreed to.

The Earl of Dundee

My Lords, I beg to move that the House do now adjourn during pleasure until 8.30 p.m.

Moved accordingly and, on Question, Motion agreed to.

[The Sitting was suspended from 7.36 to 8.30 p.m.]

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