HC Deb 18 July 1958 vol 591 cc1643-5

Lords Amendment: In page 1, line 13, after "person" insert "whether ascertained or not".

Major W. Hicks Beach (Cheltenham)

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

This is a drafting Amendment to put it beyond doubt that subsection (1, b) of the Clause covers unascertained persons. The purpose of paragraph (b) is to enable the court to approve an arrangement on behalf of a beneficiary where the obtaining of his consent is prevented not by any disability but by uncertainty as to his identity.

I have a personal interest in this, because the terms are identical with an Amendment which I moved in Committee and which was not then acceptable.

Sir Archer Baldwin (Leominster)

I beg to second the Motion.

Question put and agreed to.

Lords Amendment: In page 1, line 15, after "date" insert or on the happening of a future event".

Major Hicks Beach

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

This is entirely a drafting Amendment. As the Bill stands, subsection (1, b) of Clause 2 refers to persons becoming entitled as being at a future date—I stress the words "at a future date"—either of a specified description or members of a specified class. While the words "at a future date" are apt to some of the contingencies which may be contemplated by settlements, other contingencies are better described as the happening of an event, rather than the falling of a date.

Sir A. Baldwin

I beg to second the Motion.

Question put and agreed to.

Lords Amendment: In page 1, line 19, after "fallen" insert or the said event had happened".

Major Hicks Beach

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

This Amendment is consequential upon the Amendment in line 15.

Sir A. Baldwin

I beg to second the Motion.

Question put and agreed to.

Lords Amendment: In page 1, line 21, at end insert: or (d) any person in respect of any discretionary interest of his under protective trusts where the interest of the principal beneficiary has not failed or determined".

Major Hicks Beach

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

This Amendment, together with Amendments in page 2, line 5, page 2, line 8, and page 2, line 22 deal with potential beneficiaries under protective trusts. I do not think that it is necessary for me to go into the whole position. All that is sought by the Amendment is to carry out what is obviously the determination of the promoters of the Bill.

Sir A. Baldwin

I beg to second the Motion.

Question put and agreed to.

Subsequent Lords Amendments agreed to: In page 2, line 5, leave out "being an arrangement such that" aid insert: Provided that except by virtue of paragraph (d) of this subsection the court shall not approve an arrangement on behalf of any person unless".

In line 8, leave out subsection (2).

In line 22, leave out "subsections (1) and (2)" and insert "subsection (1)".