HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Thursday 4th March 2004
The House met at a quarter before ten o’clock.
PRAYERS were read by the Lord Speaker (Lord Bingham of Cornhill).
Judicial Business
1. Burnett’s Trustee (Respondent) v. Grainger and another (Appellants) (Scotland)—It was moved by the Lord Bingham of Cornhill, That the 17th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Interlocutor of the Extra Division of the Inner House of the Court of Session of 15th May 2002 be recalled except so far as regards the recall of the Interlocutor of the Sheriff Principal of 28th August 2000; that the Sheriff’s Interlocutor of 25th July 1995 also be recalled except in so far as he granted decree of declarator in favour of the Trustee in terms of the second crave of the initial writ; that the Sheriff’s Interlocutor of 25th July 1995 so far as it grants decree of declarator in terms of the second crave of the initial writ be affirmed; and that the appellants do pay to the respondent his expenses in the Court of Session, before the Sheriff Principal and before the Sheriff, and his costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2004] UKHL 8
2. Buchler and another (as joint liquidators of Leyland Daf Limited) (Respondents) v. Talbot and another (as joint administrative receivers of Leyland Daf Limited) and Stichting Ofasec (Appellants) and others—It was moved by the Lord Hoffmann on behalf of the Lord Nicholls of Birkenhead, That the 18th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 22nd February 2002 be set aside; that the Order of Mr Justice Rimer of 17th November 2000 also be set aside save for the provision that the liquidators do pay Ofasec’s costs incurred because of the amendment of the Application made on 9th October 2000; that it be declared that none of the costs and expenses of winding up Leyland Daf Limited are payable out of the assets subject to the floating charge until the whole of the principal and interest charged thereon have been paid; and that the respondents (the liquidators) do pay to the appellants Stichting Ofasec their costs in the High Court, the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2004] UKHL 9.
3. Regina v. Her Majesty’s Commissioners of Customs and Excise (Respondents) ex parte Cardiff City Council (Appellants)—The appeal of Cardiff City Council was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 15th April next (lodged 3 March).
4. Regina (Respondent) v. Becouarn (Petitioner)—The petition of Darren Becouarn praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.
5. Regina v. Secretary of State for Work and Pensions (Respondents) ex parte Carson (Appellant)—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 10th March next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 3 March).
6. Regina v. Z (Respondent) (2003) (On Appeal from the Court of Appeal (Criminal Division))—The appeal was set down for hearing and referred to an Appellate Committee.
7. Appeal Committee—The 26th Report from the Appeal Committee was agreed to and the following Order was made—
Lesotho Highlands Development Authority (Respondents) v. Impregilo SpA and others (Petitioners)—That leave to appeal be given; and that the petition of appeal be lodged by 18th March next.
The House was adjourned during pleasure.
The House was resumed.
Papers
8. Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1. Draft Northern Ireland Act 2000 (Modification) Order 2004, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum;
2. Draft Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (Immunities and Privileges) Order 2004, laid under the International Organisations Act 1968, together with an Explanatory Memorandum.
9. Negative Instruments—The following instruments were laid before the House and ordered to lie on the Table:
1. Fire Services (Appointments and Promotion) (England and Wales) Regulations 2004, laid under the Fire Services Act 1947; (481)
2. Valuation Tribunals (Amendment) (England) Order 2004, laid under the Local Government Act 2003; (482)
3. School Governance (Transition from an Interim Executive Board) (England) Regulations 2004, laid under the School Standards and Framework Act 1998; (530)
4. Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004, laid under the European Communities Act 1972. (559)
10. Paper not subject to parliamentary proceedings—The following paper was laid before the House and ordered to lie on the Table:
Treasury Minute directing the Application of certain amounts as Appropriations in Aid of the Estimates for 2002-03, laid under the Government Resources and Accounts Act 2000.
Private Business
11. London Local Authorities Bill [HL]—The Chairman of Committees acquainted the House that, pursuant to the resolution of 3rd March, the bill had been deposited in the Office of the Clerk of the Parliaments together with the declaration of the agent; the bill was presented, read a first time, passed through all its remaining stages pro forma and sent to the Commons.
Public Business
12. Patents Bill [HL]—It was moved by the Lord Triesman, on behalf of the Lord Sainsbury of Turville, that it be an instruction to the Grand Committee to whom the Patents Bill has been committed that they consider the bill in the following order:
Clauses 1 to 5
Schedule 1
Clauses 6 to 14 |
Schedules 2 and 3
Clauses 15 and 16; |
the motion was agreed to.
13. Anti-terrorism Review—It was moved by the Baroness Scotland of Asthal that this House takes note of the work of the Privy Counsellor Review Committee on the “Anti-terrorism, Crime and Security Act Review Report”; after debate, the motion was agreed to.
14. Local Elections (Ordinary Day of Election 2004) Order 2004—It was moved by the Lord Rooker that the draft Order laid before the House on 29th January be approved; after debate, the motion was agreed to.
15. Representation of the People (Combination of Polls) (England and Wales) Regulations 2004—It was moved by the Lord Rooker that the draft Regulations laid before the House on 5th February be approved; the motion was agreed to.
16. European Parliamentary Elections Regulations 2004—It was moved by the Lord Rooker that the draft Regulations laid before the House on 5th February be approved; the motion was agreed to.
17. Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004—It was moved by the Lord Rooker that the draft Regulations laid before the House on 5th February be approved; the motion was agreed to.
18. Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004—It was moved by the Lord Rooker that the draft Regulations laid before the House on 5th February be approved; the motion was agreed to.
The House was adjourned during pleasure.
The House was resumed.
19. Domestic Violence, Crime and Victims Bill [HL]—After debate, the report was received; amendments were disagreed to (see division lists 1 and 2); amendments were moved and (by leave of the House) withdrawn; an amendment was agreed to; further consideration on report was adjourned after amendment 9.
20. Budget (Northern Ireland) Order 2004—The Northern Ireland Orders Grand Committee reported that it had considered the draft Order.
21. Rates (Amendment) (Northern Ireland) Order 2004—The Northern Ireland Orders Grand Committee reported that it had considered the draft Order.
The House was adjourned at nine minutes past seven o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
