HL Deb 14 June 1996 vol 572 cc1976-7

6 Before Clause 105, insert the following clause—

MEANING OF "THE COURT": JURISDICTION OF HIGH COURT AND COUNTY COURT

'.—(1) In this Act "the court" means the High Court or a county court, subject to the following provisions.

(2) The Lord Chancellor may by order make provision—

  1. (a) allocating proceedings under this Act to the High Court or to county courts; or
  2. (b) specifying proceedings under this Act which may be commenced or taken only in the High Court or in a county court.

(3) The Lord Chancellor may by order make provision requiring proceedings of any specified description under this Act in relation to which a county court has jurisdiction to be commenced or taken in one or more specified county courts.

Any jurisdiction so exercisable by a specified county court is exercisable throughout England and Wales or, as the case may be, Northern Ireland.

(4) An order under this section—

  1. (a) may differentiate between categories of proceedings by reference to such criteria as the Lord Chancellor sees fit to specify, and
  2. (b) may make such incidental or transitional provision as the Lord Chancellor considers necessary or expedient.

(5) An order under this section for England and Wales shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order under this section for Northern Ireland shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 which shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.'.

Baroness Miller of Hendon

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 6.

Moved, That the House do agree with the Commons in their Amendment No. 6.—(Baroness Miller of Hendon.)

Lord Hacking

My Lords, I have made my observations in relation to Amendment No. 6. If my noble friend is able to help the House about the mysterious words in subsection (3) and the more mysterious words in subsection (4), it would be of great assistance. If she cannot help us from the Dispatch Box, I would be grateful if she would write not only to me, but to all noble Lords who have been concerned with the Arbitration Bill in its passage through your Lordships' House.

Baroness Miller of Hendon

My Lords, I hope that I can help my noble friend. The order would specify the description; for example, patents.

On Question, Motion agreed to.