New Clause 1 – in the House of Commons at 12:00 am on 20 October 1969.
Sir Arthur Irvine
, Liverpool Edge Hill
I beg to move, That the Clause be read a Second time.
The effect of the Clause will be to repeal Section 153 of the Supreme Court of Judicature Act, 1925. That section was designed to ensure that an application for a second or subsequent grant should not be applied for except at a registry which has the papers relating to the original grant, or, in the case of the Principal Probate Registry, a copy of the original grant and will. The instances of subsequent grants were most usually grants de bonis non, that is, grants in cases where an executor died leaving portions of the estate unadministered and there was no chain of executorship. In these days, when the copying of documents is such a simple task, the reason for Section 153 has disappeared, and the Section remains purely as a source of administrative problems. These arise when records are transferred from a registry which has been closed to what is now a sub-registry.
Since neither that sub-registry nor its parent district probate registry has power to issue a second grant, it means that in those cases the second or subsequent application has to be made to the Principal Probate Registry in London. The repeal of Section 153 means that this will not happen in future.
Mr. Speaker, you mentioned that Amendments Nos. 16 and 17 could be considered with the new Clause. Amendment No. 16 places Section 153 in the Schedule of repeals and the other Amendment makes the necessary alteration to the Long Title.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
