HC Deb 09 December 1959 vol 615 cc691-3
Mr. Erroll

I beg to move, in page 16, line 10, at the end, to insert: (7) Any legal proceedings (including applications to any authority) relating to property, rights or liabilities transferred to a Manage- ment Corporation or Government department by virtue of section thirteen of this Act or of this section may be continued by or against the Corporation or department, as the case may be, to the exclusion of the company or Government department from whom the property, rights or liabilities were transferred. The object of the Amendment is to eliminate difficulties regarding legal proceedings which happen to be in train at the time the Bill comes into operation, being proceedings to which estate companies or Government Departments are party and in respect of property rights or liabilities transferred by the Bill. The Amendment safeguards the position of the Government Departments, the Management Corporations and also of private individuals.

Amendment agreed to.

Mr. Erroll

I beg to move, in page 16, line 11, to leave out" subsection (3) of".

Perhaps we might take at the same time the next two Amendments. The first two Amendments are consequential upon the third Amendment. The Amendments make a further modification to subsections (3) and (5) of the Clause in their operation in relation to Scotland. In short, the new paragraph (a) deals with "a halfway house" case where there is only an agreement to give security to the Treasury Solicitor or, later, to the Board of Trade, and the security has not yet been given. The Amendments make it possible to ensure that the Board of Trade will be able to demand the security in the future.

Amendment agreed to.

Further Amendments made: In line 12, after "reference", insert "in subsection (3)".

In line 14, at end insert: and the following provisions shall have effect for the purposes of subsections (3) and (5), that is to say:

  1. (a) Where any agreement to which paragraph (a) of subsection (3) of this section applies provides that the person to whom the loan or grant is made shall if required to do so grant such security as may be specified in the agreement in favour of the Solicitor for the affairs of Her Majesty's Treasury, but the person has not before the commencement of this Act been so required. the Board shall be substituted for the said Solicitor.
  2. (b) In relation to any heritable security which vests in the Board by virtue of subsection (5) of this section, paragraph (b) of subsection (5) of section thirteen of this Act shall have effect, subject to the necessary 693 modifications, as it has effect in relation to the property and rights therein mentioned". —[Mr. Erroll.]

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

Clause 28 ordered to stand part of the Bill.