§ 3.59 p.m.
§ The Secretary for Mines (Captain Crookshank)I beg to move, in page 73, line 27, to leave out from "scheme," to the end of line 30, and to insert:
shall not be made so as to determine an underlease in a case in which interests arising under a superior lease are to be retained by virtue of a direction under Sub-section (2) of Section five of this Act.
§ This Amendment is consequential upon an Amendment which was made to Clause 5.
§ Amendment agreed to.
§ Captain CrookshankI beg to move, in page 75, line 29, at the end, to insert:
(2) The powers conferred by the provisions inserted as aforesaid shall be exercisable during the period aforesaid as regards the matters to which those provisions relate, as statutory powers, to the exclusion of any other power that might otherwise have been exercisable as regards those matters.This is a small but necessary technical Amendment to be made to the provisions relating to leasehold consolidation schemes, when a single lease is made for a number of properties belonging to a number of landlords in a colliery area. The Committee will see in paragraph 4 of the Schedule, provisions relating to persons acting on behalf of the landlords. We are advised that words of this kind are necessary to get over what would be the very great technical complications of having conveyances operating with regard to a single individual case.
§ 4.0 p.m.
§ Sir Stafford CrippsI am not quite clear from the hon. and gallant Gentleman's explanation exactly what is intended to be the scope of this Amendment. He is putting in this sub-paragraph to paragraph 10 of the Schedule, and whether or not "the provisions inserted as aforesaid" refer only to words in paragraph 10 or whether they refer to everything that is "aforesaid" in the course 1556 of this Bill, I do not know. Usually when there is in a Clause with a sub-clause words like "provisions inserted as aforesaid" they refer back only to the particular clause with which you are dealing, but the hon. and gallant Member said that this was intended to get over the provision of paragraph 4 (c) with regard to certain persons being able to act, as it were, instead of the lessee in certain events. If that is so, I should have thought that these words were not the happy way to carry out the intention. I understand that this Amendment will effect substantially the setting aside of all the ordinary law with regard to the operation of these conveyances, the rights of tenants for life, or anything else. They will be all set aside in favour of this special term. A rather more accurate definition is required here. When courts are dealing with these matters they have to deal with them very strictly. I should have thought that rather clearer and more definite words were required to show just what it is that is proposed to be the new code which is to supersede the old code. I hope that the hon. and gallant Gentleman will look into the matter before the next stage.
§ Captain CrookshankI am much obliged to the hon. and learned Gentleman. These words are meant to refer to the person mentioned in the Clause. I shall certainly see that the matter is made clear.
§ Amendment agreed to.
§ Schedule, as amended, agreed to.