HL Deb 22 July 1991 vol 531 c539

76 After Clause 35, insert the following new clause:

Liability orders: enforcement throughout United

Kingdom

'.—(1) The Secretary of State may by regulations provide for—

  1. (a) any liability order made by a court in England and Wales; or
  2. (b) any corresponding order made by a court in Northern Ireland,
to be enforced in Scotland as if it had been made by the sheriff.

(2) The power conferred on the Court of Session by section 32 of the Sheriff Courts (Scotland) Act 1971 (power of Court of Session to regulate civil procedure in the sheriff court) shall extend to making provision for the registration in the sheriff court for enforcement of any such order as is referred to in subsection (1).

(3) The Secretary of State may by regulations make provision for, or in connection with, the enforcement in England and Wales of—

  1. (a) any liability order made by the sheriff in Scotland; or
  2. (b) any corresponding order made by a court in Northern Ireland,
as if it had been made by a magistrates' court in England and Wales.

(4) Regulations under subsection (3) may, in particular, make provision for the registration of any such order as is referred to in that subsection in connection with its enforcement in England and Wales.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 76.

This amendment introduces a technical provision which will allow enforcement of a liability order throughout the United Kingdom, regardless of where the order was made. This provision mirrors existing provisions in the Maintenance Orders Act 1950. I commend the amendment to the House.

Moved, That the House do agree with the Commons in their Amendment No. 76.—(The Lord Chancellor.)

On Question, Motion agreed to.