§ Lords Amendment: In page 47, line 5, leave out Sub-section (2).
2623§ 10.23 p.m.
§ The LORD ADVOCATEI beg to move, "That this House doth agree with the Lords in the said Amendment."
This Amendment is introductory to the insertion of a new Clause on page 50, line 29. The new Clause is, in effect, a re-enactment of Section 91 of the Act of 1925. For drafting purposes it was thought better to repeal that Clause and to insert a new one.
§ Mr. N. MACLEANMight it not be advisable that the explanation of other Clauses might be made upon this Amendment, so that the House will be quite clear as to the full effect of the subsequent new Clause, to which this is merely a preface?
§ The LORD ADVOCATEI will put it very briefly. Section 91 of the Act of 1925 gave power to a local authority which had entered into an agreement with a third party to enforce the agreement against a person acquiring the property from such a third party. The new Clause on page 50 re-enacts that, with certain not very important and rather technical modifications. The chief modification is that any such agreement entered into must be recorded in the appropriate register of sasines in respect of the property in question. The reason why we have dealt with the matter in this way instead of simply by reference to Section 91 is that there are two other Clauses in the Bill, 50 and 52, for which similar provision is required. We put it all in the new Clause, and made it applicable to all Clauses which require that provision.
§ Mr. MACLEANHas it been decided that if any question arose upon these Clauses there might be too much cross reference in the Bill?
§ The LORD ADVOCATEThat is so.