HC Deb 18 December 1967 vol 756 cc916-7
35. Mr. Boyd-Carpenter

asked the Attorney-General why, and by what authority, Her Majesty's Land Registry sent form B10A to a constituent of the right hon. Member for Kingston-upon-Thames informing him that unless a reply was received from him within 21 days an entry in respect of a bankruptcy of another Citizen would be made in the Land Registry in respect of his property; and if he will direct the Land Registry to desist from this practice.

The Attorney-General (Sir Elwyn Jones)

The Chief Land Registrar is authorised by rules made under the Land Registration Act, 1925, to send form B10A to persons with names similar to that of a debtor involved in bankruptcy proceedings, in order to protect the interests of creditors by preventing a quick disposal of the debtor's assets. This is in my view a necessary protection. The Chief Land Registrar is, however, considering an amendment to the form, to make it clear that an erroneous entry can be cancelled even though no reply is received with 21 days.

Mr. Boyd-Carpenter

But is not the right hon. and learned Gentleman's sense of justice affronted by the action of a Government Department in sending a form to a Citizen, who may well be away or ill, telling him that if, within three weeks, he has not established that he is not the person concerned a highly damaging entry will be made against his property in the Land Registry?

The Attorney-General

I am well aware of the need for the interests of justice to be protected, and they include creditors whose interests should not be adversely affected by a quick transaction by the debtor. Concerning the damage to the innocent person who may receive this form, which is by way of inquiry, I am satisfied that no harm could result to such a person. If harm did result, an indemnity would be due from the Department.