HC Deb 18 July 1956 vol 556 c1218
Lords Amendment

In page 3, line 17, leave out "security of the House" and insert: terms of the mortgage or charge;

3.31 p.m.

The Parliamentary Secretary to the Ministry of Housing and Local Government (Mr. J. Enoch Powell)

I beg to move, That this House doth agree with the Lords in the said Amendment.

This Amendment, and the one that follows, are for the purpose of clarification and greater certainty. On the wording of the Bill as it stands, it seemed possible that a court, in considering an application from a mortgagor, might be restricted to looking at the security given by the house to the mortgagee, with the result that in the case of a friendly advance between two persons the mortgagee might be disadvantaged. The effect of this and the next following Amendment is to enable the court to take all the circumstances of the bargain into consideration.

Mr. G. R. Mitchison (Kettering)

In this respect another place seems to have been quite reasonable.

Question put and agreed to.

Further Lords Amendment agreed to: In page 3, line 33, leave out "the House" and insert: in all the circumstances of the case the terms of the mortgage or charge".—[Mr. Powell.]