HC Deb 30 October 1918 vol 110 cc1572-4

(1) If the consideration money payable in respect of the redemption of a tithe rent-charge is not paid or discharged within one month after the same becomes payable, the Board of Agriculture and Fisheries, on the application of the owner of the rent-charge, may make an Order in favour of the owner of the rent-charge, or other the person entitled under the Tithe Acts, 1836 to 1891, to receive the consideration money, charging the land with the payment of the amount of such consideration money and the costs properly incurred by the applicant in obtaining the charge, with such interest, by such instalments and with such directions for giving effect to the charge as the Board may think fit; and where a charge is so created then, after the payment of the half-yearly portion of the rent-charge which accrues due next subsequently to the time of the creation of the charge, the rent charge shall cease and be extinguished.

(2) A charge created under the provisions of this Section shall have priority over every other then existing or future charge and encumbrance affecting the land, whether created under the powers of an Act of Parliament or otherwise.

Mr. D. WHITE

I beg to move, in Sub-section (2), after the word "have" ["sections shall have priority over"], to insert the words "the same."

I move this Amendment, and another which follows, with the object of drawing attention to the rather remarkable phraseology dealing with the case of a charge created to secure the payment of redemption money— A charge created under the provisions of this Section shall have priority over every other then existing or future charge and encumbrance affecting the land, whether created under the powers of an Act of Parliament or otherwise. I have been wondering whether my right hon. Friend the President of the Board of Agriculture will find a precedent for these words, because they seem very wide indeed, the object being to give priority not merely over any existing charge but-over any future charge, even though that future charge may be created by a future Act of Parliament. It has seemed to me that it will be sufficient, as my Amendment seeks to make it read, that the charge should have the same priority in relation to other charges and encumbrances affecting the land as the tithe rent-charge in respect of the redemption with which it is charged.

Sir R. WINFREY (Joint Parliamentary Secretary, Board of Agriculture)

The Clause as adopted proposes that the redemption money if not obtained can be recovered by any means by which a legal charge can be realised, and there is objection to the first Amendment, but we would accept the words as to charges and encumbrances, such as a charge made for insurance.

Mr. WHITE

I beg to move, in Subsection (2), after the word "existing," to leave out the words "or future."

Amendment agreed to.

Mr. WHITE

As regards my next Amendment, may I ask whether in the Bill as it stands the words "charge and encumbrances" are intended to cover rates and taxes and assessments?

Sir R. WINFREY

They are not.

Mr. WHITE

In that case would my right hon. Friend be good enough to accept the two further Amendments providing that "rates, taxes, and assessments of a public character shall not be deemed to be charges or encumbrances within the meaning of this Section."

Sir R. WINFREY

I will consider that on the Report stage.

Mr. WHITE

In that case, I beg leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

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