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New Clause—(Proceedings In Courts Other Than The High Court And County Courts)

Volume 439: debated on Friday 11 July 1947

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  • (1) His Majesty may by Order in Council make such provision as appears to him to be expedient with respect to civil proceedings by or against the Crown in any court not being the High Court or a county court.
  • (2) An Order in Council made under this Section may in particular—
  • (a)define the jurisdiction of the court to which the Order relates in civil proceedings by or against the Crown; and
  • (b) apply, in relation to civil proceedings by or against the Crown in the said court, any provisions of this Act which would not otherwise apply in relation to those proceedings with such additions, exceptions and modifications as appear to His Majesty to be expedient
  • (3) The provisions of any such Order shall have effect notwithstanding any provision made by or under any enactment with respect to the court in question; and any such Order may provide for amending or revoking any provision so made as aforesaid.
  • (4) An Order in Council made under this Section may be varied or revoked by a further Order in Council made by His Majesty there under.
  • (5) An Order in Council under this Section shall be laid before Parliament as soon as may be after it is made, and, if either House of Parliament, within the next twenty-eight days on which that House has sat after such an Order is laid before it, resolves that the Order be annulled, the Order shall thereupon cease to have effect except as respects things previously done or omitted to be done, without prejudice, however, to the making of a new Order.
  • Notwithstanding anything in Subsection (4) of Section one of the Rules Publication Act, 1893, such an Order shall be deemed not to be a statutory rule to which that Section applies. [ The Attorney-General.]

    Brought up, and read the First time.

    I beg to move, "That the Clause be read a Second time."

    This Clause is to implement the undertaking I gave on Second Reading, to provide machinery whereby such ancient courts as the Liverpool Court of Passage and the Salford Court of Record can be brought in.

    I should like to express the gratitude of many of us who are interested in these courts for this provision.

    Question put, and agreed to.

    Clause added to the Bill.