HC Deb 25 July 1958 vol 592 cc840-1

11.52 a.m.

The Joint Under-Secretary of State for the Home Department (Miss Patricia Hornsby-Smith)

I beg to move, in page 13, line 17, after "include", to insert: and be deemed always to have included Perhaps I may also refer to the second Amendment, to line 32, inserting two new paragraphs (a) and (b).

These are complicated matters, though I am sure they will have the support of the Committee. Subsection (2) amends Section 11 of the Married Women's Property Act, 1882, and Section 2 of the Married Women's Policies of Assurance (Scotland) Act, 1880, so that those Sections apply to adopted children as well as to natural children. Those Sections enable a parent to take out a life assurance policy in favour of a child. When the parent dies, the policy moneys are held in trust for the child, and they are not aggregated with the rest of the assurer's estate for the purposes of Estate Duty. Estate Duty is paid on the policy moneys, but only at the rate appropriate to the amount of the policy moneys regarded as a separate estate.

The Amendment to line 17 makes it clear that the subsection will apply to policies taken out before the Bill comes into operation, and the Amendment to line 32 enables people who adopted a child before 1950 to benefit from the provisions of the subsection.

Mr. William Wells (Walsall, North)

We agree with this Amendment, and we are very much obliged to the hon. Lady for so courteously giving us notice of her intention to move it.

Amendment agreed to.

Further Amendment made: In page 13, line 32, to leave out from beginning to first "an" in line 33 and insert: In this section, 'adoption order' in-eludes,—

  1. (a) in subsection (2), an adoption order made under any enactment repealed by the principal Act;
  2. (b) in subsection (3)".—[Miss Hornsby-Smith.]

Clause, as amended, ordered to stand part of the Bill.

Bill reported, with Amendments; as amended (in the Standing Committee and on recommittal). considered.

Mr. Speaker

The new Clause standing in the name of the right hon. Member for Smethwick (Mr. Gordon Walker) relating to medical examination is out of order in subsection (2) and, therefore, could not be discussed on Report, but I see that there is an Amendment in the name of the right hon. Gentleman the Home Secretary, Clause 19, page 12, line 12, to insert: as evidenced, in such cases as may be prescribed, by the certificate of a fully registered medical practitioner". which deals with the matter. When we come to that Amendment, the matter mentioned in subsection (1) of the proposed new Clause may be discussed.