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Clause 2

Volume 116: debated on Tuesday 12 May 1987

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Postponed Confiscation Orders

I beg to move amendment No. 1, in page 3, line 35, leave out 'section 3(5)' and insert `subsection (5) of section 3'.

With this it will be convenient to consider Government amendments Nos. 2, 3 and 5.

Hon. Members who served on the Committee that considered the Bill will recall that the hon. Member for Glasgow, Garscadden (Mr. Dewar) and my hon. and learned Friend the Member for Perth and Kinross (Mr. Fairbairn) were displeased by the use of the words "retransmittal" and "retransmit" in clauses 2 and 3. I admitted that I too found the words distasteful and undertook to consider whether the drafting could be improved without undermining the intention. This group of amendments is designed to remove the controversial words in clauses 2 and 3 and make minor consequential amendments. Hon. Members will see that the terminology employed in the amendments is "transmit". This probably does not go as far as the hon. Member for Garscadden would like, but, as I explained in Committee, "transmission" is the normal term for the handing over of proceedings from one court to another.

I commend the amendments to the House.

Amendment agreed to.

Amendments made: No. 2, in page 3, line 37, leave out

`retransmittal of the case to'

and insert

'case is transmitted under that subsection by'.

No. 3, in page 3, line 37, after 'Court', insert 'of Session'.— [Mr. Lang.]