HC Deb 14 May 1947 vol 437 c1620

Amendments made: In page 62, line 6, leave out Subsection (2).

In line 30, at end, insert; (4) Subject to the following provisions of this Section the reference in this Section to the owner of an interest in land shall be construed as a reference to the person in whom the legal estate in respect of the interest is vested or, if the interest is a tenancy under an agreement for a lease, to the person entitled to have vested in him the legal term agreed to be created. (5) Where the legal estate or the title thereto, as the case may be, in respect of an interest in land is vested in the official trustee of charity lands or other trustee on or for charitable, ecclesiastical or public trusts or purposes not entitled to act in the trust, or in the Public Trustee holding in circumstances in which he is not entitled to act in the trust then—

  1. (a) in the case of a trustee on or fox charitable, ecclesiastical or public trusts or purposes, the managing trustees or committee of management shall be deemed for the purposes of this section to be the owner of the interest;
  2. (b) in the case of the Public Trustee, the person in receipt of the rent incident to the Public Trustee's estate, or, if there is no rent incident thereto, the person in occupation of the land, shall be deemed for those purposes to be the owner of the interest.
(6) Where under Section nine of the Administration of Estates Act, 1925, or Section fifteen of the Court of Probate (Ireland), 1859. the estate of a person who died intestate is vested in the Probate Judge, that judge shall not be deemed for the purposes of this Section to be the owner of any interest in land comprised in the estate, but upon administration being granted the administrator shall be deemed for those purposes to have been the owner thereof as from the date of the death. (7) In relation to requisitioned land the reference in paragraph (b) of Subsection (5) of this Section to rent shall be construed as including a reference to compensation payable under the Compensation (Defence) Act, 1939. or under any such agreement as is mentioned in Section fifteen of that Act, and the reference in the said paragraph (b) to the person in receipt of rent shall be construed as a reference to the person who is, or, if a claim therefor had been duly made under that Act, would have been, in receipt of such compensation as aforesaid."—[Mr. Silkin.]