HC Deb 11 May 1964 vol 695 cc141-2

Lords Amendment: In page 11, line 4, after "confirmation" insert: (or where a certificate of confirmation relating to the property has been issued in pursuance of any act of sederunt, on the certificate)

Lady Tweedsmuir

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

I suggest, Mr. Deputy-Speaker, that it might be convenient to discuss, at the same time, the three consequential Amendments, Nos. 33, 34 and 36, to Schedule 1.

Mr. Deputy-Speaker

If that is agreeable to the House.

Lady Tweedsmuir

The purpose of this group of Amendments is to ensure that the docket in Schedule 1 which may be endorsed upon a confirmation under Clause 15 to transfer heritable property to a person entitled to it may be endorsed also upon a certificate of confirmation. A confirmation normally includes a list of all the items in the deceased's estate to which the executor has been confirmed, but the Court of Session has provided by act of sederunt that on request a sheriff clerk may issue a certificate of confirmation in respect of one item and that this certificate is as effectual for that item as the full confirmation itself.

Clause 15 provides that an executor may transfer heritable property to a person entitled to it by executing on the confirmation a short conveyance in the form of the docket prescribed by Schedule 1. It will clearly be convenient if this docket can be endorsed on a certificate of confirmation covering a single item of heritable property in the same way as it can be endorsed upon the confirmation itself. The Amendment ensures that it can be done.

Question put and agreed to.

Subsequent Lords Amendments agreed to.