§ Mr. John FraserI beg to move amendment No. 4, in page 3, line 35, at end insert
'or (c) a declaration of trust which alters or increases the number of persons entitled to beneficial ownership of the dwellinghouse and confers an interest on a person who is neither a spouse nor a person entitled to share in the right to buy.'.> In Committee I put a conundrum to the Minister, as to whether a declaration of trust amounted to a disposal. He did not give a satisfactory answer then, and I ask him to give one now.
§ Mr. GowAs drafted, clause 4 will ensure that a disposal to the tenant's spouse or former spouse, or to a member of his family who has been living with him for 12 months prior to the disposal, will not give rise to an obligation to repay discount. There is no problem whether the transaction is effected by a conveyance of the legal estate or by a declaration of trust.
The hon. Gentleman and I had an interesting debate on this point in Committee. I explained to the Committee that the law on this subject was not beyond dispute —something that is not unknown, as both the hon. Gentleman and I know. However. I am satisfied that the clause, as drafted, is satisfactory.
Amendment negatived.