HC Deb 05 April 1944 vol 398 cc2128-9
Sir J. Mellor (Tamworth)

I beg to move, in page 84, line 25, to leave out from "may," to "convey," in line 27.

I am moving this Amendment in order to inquire why it should be considered necessary or desirable to empower the managers or governors of a school to convey to the authority an interest in the premises of an auxiliary school, "Whether or not"—and these are the words in which I am particularly interested—"the interest … is vested in them." It is a little surprising that these words should be included because they empower these persons to transfer property which does not legally belong to them. If it is not vested in them, it must be vested, I presume, in someone else. Expropriation may be all very well in certain cases in an Act of Parliament. But to authorise "A" to transfer to "B" property which does not belong to "A" is a little surprising, and I hope my right hon. Friend will explain the purpose.

Mr. Butler

I am advised that this paragraph of the Second Schedule follows the existing law, and that the words, although they appear to the hon. Baronet to be sinister and appear to me to be sinister, do not savour of expropriation. Their object is to enable managers or governors to transfer a legal interest. This would in some cases be vested in a body of trustees, possibly the Official Trustee or a trustee of Charity Lands. In that case it would be possible for managers or governors to follow the usual procedure. It is not a new feature, and it would be wise to leave the words in rather than to leave them out. Indeed if we did leave them out the paragraph would not read grammatically and we might get into grave trouble. Therefore, I suggest that in the interest of the trustees and in view of the fact that this paragraph reproduces the existing law, and also in the interests of grammar, we leave the matter as it is.

Sir J. Mellor

As my right hon. Friend assures me that there is a precedent for these words, and I hardly think at this stage the Committee would desire to inquire further into the justification for such precedents, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Schedule agreed to.