HL Deb 05 July 1995 vol 565 cc1170-1

20 Clause 26, page 20, leave out lines 23 to 32 and insert:

'(1) Section 128 of the 1975 Act (death or illness of judge in solemn proceedings) shall be amended in accordance with subsections (1A) and (1B) below. (1A) For subsection (1) of that section there shall be substituted the following subsections— (1) Where the court is unable to proceed owing to the death, illness or absence of the presiding judge, the clerk of court may convene the court (if necessary) and—

  1. (a) in a case where no evidence has been led, adjourn the diet and any other diet appointed for that sitting to—
    1. (i) a time later the same day, or a date not more than seven days later, when he believes a judge will be available; or
    2. (ii) a later sitting not more than two months after the date of the adjournment; or
  2. (b) in a case where evidence has been led
    1. (i) adjourn the diet and any other diet appointed for that sitting to a time later the same day, or a date not more than seven days later, when he believes a judge will be available; or
    2. (ii) with the consent of the parties, desert the diet pro loco et tempore.

(1A) Where a diet has been adjourned under sub-paragraph (i) of either paragraph (a) or paragraph (b) of subsection (1) above the clerk of court may, where the conditions of that subsection continue to be satisfied, further adjourn the diet under that sub-paragraph; but the total period of such adjournments shall not exceed seven days. (1B) Where a diet has been adjourned under subsection (1) (b) (i) above the court may, at the adjourned diet—

  1. (a) further adjourn the diet; or
  2. (b) desert the diet pro loco et tempore.".
(1B) In subsection (2) of that section, for the words "(1) (c)" there shall be substituted "(1) (b) (ii) or (1B) (b)".'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 20.

Moved, that the House do agree with the Commons in their Amendment No. 20.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.