HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Die Jovis 18° Martii 1999
The House met at two oclock.
PRAYERS were read by the Lord Bishop of Norwich.
1. Vehicle Inspectorate (Respondents) v. Nuttall (Appellant) (On appeal from a Divisional Court of the Queens Bench Division) The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Divisional Court of 15th April 1997 be varied so that, for the words from with a direction to informations, there be substituted the words: for retrial and that, before the word paid, there be inserted the words: the costs of the hearing in the Court below; and that there be no further order as to costs.
2. Taylor (Appellant) v. Secretary of State for Scotland (Respondent) (Scotland) The appeal of George Taylor was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 29th April next.
3. Phonographic Performance Limited (Respondents) v. AEI Music Limited (Petitioners) The petition of AEI Music Limited praying for leave to appeal was presented and referred to an Appeal Committee.
4. Poseidon Schiffahrt Gmbh (Petitioners) v. Nomadic Navigation Company Limited (Respondents) The petition of Poseidon Schiffahrt Gmbh praying for leave to appeal was presented and referred to an Appeal Committee.
5. Hurst (Appellant) v. Bryk and others (Respondents) The petition of the appellant praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 15th April next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed.
6. Appeal CommitteeThe 22nd Report was made; the Appeal Committee reported that they had met and had heard Counsel; the Report was agreed to and the following Orders were made:
Scandecor Development AB (Petitioners) v. Scandecor Marketing AB and others (Respondents) and one other actionThat leave to appeal be given, and that the petition of appeal be lodged by 1st April next.
Owners of the ship or vessel Herceg Novi (Petitioners) v. Owners and/or demise charterers of the ship or vessel Ming Galaxy (Respondents) That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties.
Regina v. Immigration Appellate Authority (Respondents) ex parte Secretary of State for the Home Department (Respondent) and Cakabay (A.P.) (Petitioner) That leave to appeal be refused; and that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d), and, if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties, and that the costs of the respondents be taxed in accordance with the Legal Aid Act 1988.
W 1-6 (A.P.) (Cross-petitioners) v. Essex County Council and another (Cross-respondents) That leave to cross-appeal be given, and that the petition of cross-appeal be lodged by 1st April next.
The House was adjourned during pleasure.
The House was resumed.
7. OathDavid George Philip Marquess of Cholmondeley took and subscribed the oath pursuant to statute.
8. Affirmative InstrumentsThe following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Carriage by Air Acts (Implementation of Protocol No. 4 of Montreal, 1975) Order 1999;
2. Draft Carriage by Air Acts (Application of Provisions) (Fifth Amendment) Order 1999.
9. Negative InstrumentsThe following instruments were laid before the House and ordered to lie on the Table:
1. Sea Fish Industry Authority (Levy) (Amendment) Regulations 1998 Confirmatory Order 1999, laid under the Fisheries Act 1981; (837)
2. Food Labelling (Amendment) Regulations 1999, laid under the Food Safety Act 1990; (747)
3. (i) National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 (873)
(ii) National Health Service (Property Expenses Scheme) Regulations 1999 (874)
(iii) Welsh Health Common Services Authority (Abolition) Order 1999 (804)
(iv) Health Promotion Authority for Wales (Abolition) Order 1999 (807)
(v) Health Promotion Authority for Wales (Revocation) Regulations 1999 (805)
(vi) Welsh Health Common Services Authority (Revocation) Regulations 1999 (806)
(vii) Velindre National Health Service Trust (Transfer of Trust Property) Order 1999 (808)
laid under the National Health Service Act 1977;
4. Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1999, laid under the Finance Act 1973. (861)
10. Paper not subject to parliamentary proceedingsThe following paper was laid before the House and ordered to lie on the Table:
1. Scottish Office Statistical Bulletin for 1997: Motor Vehicle Offences in Scotland, laid under the Police (Scotland) Act 1967;
2. Statements of Guarantee given by the Secretary of State for Health in respect of temporary borrowing by
(i) Leeds Teaching Hospitals National Health Service Trust from National Westminster Bank plc
(ii) Hinchingbrooke Healthcare National Health Service Trust from Barclays Bank plc
(iii) Norfolk and Norwich Health Care National Health Service Trust from Barclays Bank plc
(iv) Northampton General Hospital National Health Service Trust from Lloyds Bank plc
laid under the National Health Service and Community Care Act 1992;
3. Report for 1998 of the Independent Commission for Police Complaints for Northern Ireland, laid under the Police (Northern Ireland) Order 1987.
11. United Reformed Church Bill [HL] The Examiners certificate that the further Standing Orders had been complied with was ordered to lie on the Table and the bill was committed to an Unopposed Bill Committee.
12. Tax Credits BillA bill to provide family credit and disability working allowance to be known, respectively, as working families tax credit and disabled persons tax credit; and to make further provision with respect to those credits, including provision for the transfer of functions relating to them was brought from the Commons, read a first time and ordered to be printed. (HL Bill 39)
13. Tax Credits BillIt was ordered that the Explanatory Notes relating to the bill be printed. (HL Bill 39-EN)
14. Health Bill [HL] The bill was further considered on report; an amendment was agreed to (see division list); amendments were moved and (by leave of the House) withdrawn; further amendments were agreed to; further consideration on report was adjourned.
15. Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1999It was moved by the Lord Dubs that the draft Order laid before the House on 4th March be approved; after debate, the motion was agreed to.
16. Health Bill [HL] The bill was further considered on report; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; it was ordered that the bill be printed as amended. (HL Bill 40)
The House was adjourned at a quarter-past ten oclock
to Monday next, half-past two oclock.