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Clause 25—(Rules As To Procedure Of Courts Of Summary Jurisdiction)

Volume 477: debated on Friday 14 July 1950

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I beg to move, in page 16, line 35, to leave out "proceedings before."

I think it would be convenient if we took this Amendment and the next three Amendments together, because they all deal with the same subject matter. This Amendment and that in page 16, line 41, are designed to make • it clear that the rule-making power is not confined to the regulation of the practice to be followed in proceedings, but covers things to be done in a court of summary jurisdiction prior to or where no proceedings are actually pending before the court; for instance, the action to be taken by the clerk of the justices who receives notice that an order made in his court, but for the time being registered in another court, has been varied according to the rates of payment. This is a drafting Amendment to ensure that it covers not only proceedings in the court, but cases where proceedings may not actually be before the court.

The purpose of the Amendments in page 16, line 36, and page 16, line 42, is to delete some superfluous words, and I think these Amendments will commend themselves to the House. The words in the Clause as it stands at present, which give power to the Lord Chancellor in England and to the Lord Chief Justice in Northern Ireland to prescribe in the rules anything that requires to be prescribed, are unnecessary in view of the definition of "prescribe" in Clause 28, which is to the same effect. Accordingly, we seek to cut out these superfluous words.

Amendment agreed to.

Further Amendments made: In page 16, line 36, leave out from "Act," to end of line 38.

In line 41, leave out "proceedings before."

In line 42, leave out from "Act," to end of line 44.—[ The Lord Advocate.]

I beg to move, in page 16, line 44, at the end, to insert:

(3) Rules made for the purposes of this Part of this Act may require that any order or other matter required under this Part of this Act to be registered in a court of summary jurisdiction in England or Northern Ireland shall he registered—
  • (a) in England, by means of a memorandum entered and signed by the prescribed officer of the court in the register kept pursuant to section twenty-two of the Summary Jurisdiction Act, 1879;
  • (b) in Northern Ireland, by means of an entry made and signed by the prescribed officer of the court in the order book kept pursuant to Section twenty-one of the Petty Sessions (Ireland) Act, 1851.
  • The purpose of some of the earlier Amendments of this same series was to provide that when the prescribed officer of court receives notice of any matter under Part II of the Bill, he shall record it in a manner prescribed by rule. This Amendment ensures, in relation to summary courts in England and Northern Ireland, that the rule shall provide that the particulars of the notice are recorded in the register of the appropriate court in accordance with the normal practice.

    Amendment agreed to.