HC Deb 21 July 1915 vol 73 cc1618-9

This Act may be cited as the Execution of Trusts (War Facilities) Amendment Act, 1915, and shall be construed as one with the principal Act; and this Act and the principal Act may be cited together as the Execution of Trusts (War Facilities) Acts, 1914 and 1915.

Motion made, and Question proposed, "That the Clause stand part of the Bill."


May I ask what provision has been made for Scotland under this Act? The original Act applied to Scotland, and this Bill proposes to amend that Act.


I may say that I very carefully considered whether the Act which it is proposed to amend by this Bill should apply to Scotland. I came to the conclusion that that Act was neither required nor desired in Scotland. I have gone into the matter again since this Bill came before the House, and I came to the same conclusion, namely, that it is neither required nor desired in Scotland. We have in Scotland very much larger powers with regard to the assumption of trustees that are possessed in England. The Court further has power to appoint a judicial factor in the event of trustees not being available to administer a trust. Having regard to the distinction in law between the two countries, I have, without any hesitation at all, come to the conclusion that there is no necessity to apply either the original Act or this Bill to Scotland. With regard to the question whether it is desired, I made the fullest possible inquiry, and I am informed by those who are accustomed to administer trusts, and who know much more about the matter than I can profess to do, that the Bill is not desired in Scotland. These are the reasons why neither the original Act nor this Bill should apply to Scotland.


Is it not the case that the hon. Member for Aberdeenshire drafted a Bill on the lines of the English Trustees Bill? That being so, one can hardly allow it to pass that there has been no desire for such a measure.


I was not aware that a Bill had been drafted as suggested. What I do know is, that a question was put in this House by the hon. Baronet the Member for Inverness-shire (Sir J. Dewar) as to why the original Act did not apply to Scotland. I gave him an answer in the sense I have indicated to-night, and I understood that he was satisfied. I have not had any communication from the hon. Baronet on the subject nor any complaint from any part of Scotland, which is fully apprised of the existence of the original Act. I have inquired from those associated with the solicitors' branch of the profession, who know more about the matter than I can profess to do, and I am told that the Bill is neither required nor desired.

Question put, and agreed to.

Bill reported; as amended considered; read the third time, and passed.