Clause 25

Financial Services Bill – in a Public Bill Committee at 6:15 pm on 12th January 2010.

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Photo of Ian Pearson Ian Pearson Economic Secretary, HM Treasury

I beg to move amendment 85, in clause 25, page 28, line 34, at end insert—

‘(8) The Treasury may by order amend subsection (2)(b) so that, in Scotland, the definition of “the court” is extended to include the sheriff.

(9) An order under subsection (8) is subject to negative resolution procedure.’.

This amendment gives the Treasury a power to enable collective proceedings to take place in Scotlandbefore the sheriff.

I propose the amendment at the request of the Scottish Government. The amendment will give the Treasury a power to enable collective proceedings to take place in Scotland before the sheriff court. At present, the clause provides for collective proceedings to be heard in the Court of Session only. The reason is that the Scottish Government are currently considering recommendations about class actions generally in a report by the Scottish civil courts. Decisions about the applicability of class actions in Scotland have not yet been taken and there is a question of whether they should be combined to the Court of Session only. The power will enable class actions to be extended to the sheriff court if the Scottish Government find it appropriate to do so in future.

Amendment 85 agreed to.

Clause 25, as amended, ordered to stand part of the Bill.

Photo of Joe Benton Joe Benton Labour, Bootle

Before the Committee breaks up, I point out that for both sittings on Thursday we have Committee Room 11, so we should all be a little warmer.

Ordered, That further consideration be now adjourned.—(Mr. Mudie.)

Adjourned till Thursday 14 January at Nine o’clock.