Skip to main content

Continuance Of Certain Existing Jurisdictions

Volume 24: debated on Friday 21 May 1982

The text on this page has been created from Hansard archive content, it may contain typographical errors.

'(1) Schedule 8 does not affect—
  • (a)the operation of any enactment which confers jurisdiction on a Scottish court in respect of a specific subject-matter on specific grounds;
  • (b) without prejudice to the foregoing generality, the jurisdiction of any court in respect of any matter mentioned in Schedule (proceedings excluded from Schedule 8).
  • (2) Her Majesty may by Order in Council—
  • (a) add to the list in Schedule (proceedings excluded from Schedule 8) any description of proceedings; and
  • (b) remove from that list any description of proceedings (whether included in the list as originally enacted or added by virtue of this subsection).
  • (3) An Order in Council under subsection (2) may—
  • (a) make different provision for different descriptions of proceedings or for the same description of proceedings in different courts; and
  • (b) contain such transitional and other incidental provisions as appear to Her Majesty to be appropriate.
  • (4) An Order in Council under subsection (2) shall not be made unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament.'.—[The Solicitor-General for Scotland.]

    Brought up, and read the First time.

    11.25 am

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

    With this it will be convenient to discuss Government amendments Nos. 3, 6, 7 and 25.

    This group of amendments recasts those provisions of part III which govern the application of the new Scottish rules of jurisdiction in what we hope is a somewhat more straightforward form, principally by removing to a new schedule those preservations of existing jurisdictions which are at present to be found in clauses 20 and 21. The amendments, which also make certain substantive alterations in these provisions, are parallel in purpose and effect to amendments which were made to part II, applying to England, in Committee.

    The clause contains the preservation of existing special jurisdictions of Scottish courts which is presently dealt with by clause 20(2) and introduces the list of specific preservations now to be contained in the new schedule. It also introduces for the first time a power similar to that in clause 17 at any time by Order in Council to adjust the list in the schedule. This will enable us in particular to preserve any special jurisdictional provisions which, perhaps because they do not confer jurisdiction on specific grounds, do not fall within the general exclusion under subsection (1)(a) of the new clause.

    The new schedule gathers together the particular exclusions from the scope of the new rules at present contained in clauses 21 and 20(6), and adds in paragraphs 8, 9 and 10 a preservation of three special jurisdictional provisions, relating respectively to the rectification of the register of aircraft mortgages, the recovery of charges for air navigation services, and proceedings brought in pursuance of an order under the Continental Shelf Act 1964, which would not be covered by the general exclusion in subsection (1)(a) Of the new clause.

    Finally, paragraph 14 of the new schedule, formerly clause 20(7), has been somewhat altered by the omission of certain words which were intended originally to deal with certain problems relating to Admiralty jurisdiction in Scotland. This is now dealt with separately by paragraph 6, and the words in question were therefore unnecessary and might have given rise to difficulty in interpretation.

    If the right hon. and learned Member for Warley, West (Mr. Archer) will refer to subsection (4), relating to the Order in Council, he may gain some hint of the Government's attitude to his later amendment.

    As one who has come late to the Bill and who has been wrestling over the past day or so with its intricacies, I may say that any proposal that is advertised as bringing a rather more straightforward form to the legislation has my cordial support.

    I take it from what the Solicitor-General for Scotland said that these amendments do not make any substantive change but are largely presentational. If that is the position, I see no point in delaying the House on the matter.

    Question put and agreed to.

    Clause read a Second time, and added to the Bill.