41 Clause 11, page 11, line 32, at end insert—
'(aa) in subsection (2), after the word "subsection" there shall be inserted the words—
"of a judge—
(a) to pronounce an order of court assigning a diet for the disposal of the case may be exercised on his behalf by the clerk of court; (b)";'.
My Lords, I beg to move that the House doth agree with the Commons in their Amendment No. 41.The amendment is designed to remove a procedural difficulty which emerged in the interpretation of Section 314 of the 1975 Act and which has substantial implications for the application of the six months' time limit that is referred to in the section. There is no reason to expect that it will work in any way to the disadvantage of an accused person. The purpose is to provide that the judge's power in Section 314 to assign a diet, instead of it having to be exercised by the judge personally, may be, but does not have to be, exercised by a clerk of court.
Moved, That this House doth agree with the Commons in the said amendment. —( Lord Mackay of Clash fern.)
On Question, Motion agreed to.