Lords Amendment: No. 15, in page 10, line 7, leave out from "affected" to end of line 8 and insert:
or a description by reference of those lands in the manner provided by section 61 of the Conveyancing (Scotland) Act 1874".
§ 7.30 p.m.
§ Dr. Dickson Mabon
I beg to move. That this House doth agree with the Lords in the said Amendment.
On Report I gave an undertaking to the hon. Member for Banff (Mr. Baker) that we would make a certain Amendment at a later stage and this was done on 5th December in the other place, moved by the Government and agreed to by the Committee in the Lords. Where the Land Commission acquires land compulsorily it may do so by executing a general vesting declaration, and this procedure cuts out a good deal of conveyancing which would otherwise be necessary in the application of the Bill to Scotland. Provision is made for recording a declaration in the General Register of Sasines.
1576 Something to which there is no counterpart in England and this is in order to preserve completeness of the Scottish Land Register. It was always our intention, for the purpose of recording the prescribed form of a vesting declaration provided for later in the Bill in Clause 9(1), that it should include a requirement for legal description of the land concerned, and the hon. Gentleman the Member for Banff, on behalf of the Opposition said that he wished the Bill to be amended so as to provide for a description of the land.
I said that we had no objection in principle to that and this Amendment spells out the section of the Conveyancing (Scotland) Act, 1874, to which he made reference. This avoids the pitfall of misconstruction in the original Amendment which the hon. Gentleman was kind enough to withdraw on the basis of my promise, and I hope that he agrees that this Amendment was a sensible one.
§ Mr. Baker
As the hon. Gentleman the Minister of State reminded the House, this was an Amendment which I moved on Report. The only point that I wish to make is that in view of Scots law and practice, making the general Register 1577 of Sasines sacrosanct, the particular description of land is necessary. I would agree entirely with the Amendment and I am sure that my hon. and right hon. Friends will accept it. I may say that I am advised by the hon. and learned Member for Edinburgh, Pentlands (Mr. Wylie) that the words "Section 61" of the Conveyancing (Scotland) Act, 1874, are unnecessary. As I say we are perfectly happy to accept it.
§ Question put and agreed to.