§ The Solicitor-General for ScotlandI beg to move amendment No. 11. in page 33, line 3, after 'bankruptcy', insert
'or other similar orders in, or in connection with, bankruptcy proceedings'.
§ Mr. Deputy Speaker (Sir Paul Dean)With this we may take Government amendment No. 12.
§ The Solicitor-General for ScotlandThe purpose of the amendment is to put beyond doubt the fact that the trustee's act and warrant will be registered in the appropriate register in the part of the United Kingdom where the estate is studied and to ensure that acquisitions for value of the bankrupt's estate prior to the registration will not be prejudiced by it. This savings provision virtually re-enacts the provision at the end of section 97(3) of the Bankruptcy (Scotland) Act 1913.
§ Amendment agreed to.
§
Amendment made: No. 12, in page 33, line 6, leave out 'to the same effect' and insert
';but any right or interest acquired for value before the registration or publication shall not be prejudiced by the effect of the act and warrant or by such registration. or publication'.—[The Solicitor-General for Scotland.]
§ The Solicitor-General for ScotlandI beg to move amendment No. 13, in page 33, line 20, leave out subsection (7).
§ Mr. Deputy SpeakerWith this we may take Government amendments Nos. 18 and 27.
§ The Solicitor-General for ScotlandThe amendments are designed to meet a point raised by the right hon. Member for Glasgow, Govan (Mr. Millan) in Committee about the unfairness of the provisions that vest immixed funds of a debtor and spouse in the permanent trustee, even though most of them belong to the debtor's spouse, and then have the spouse to rank as a postponed creditor in respect of her share. The amendments delete those provisions and will mean that the ownership of such funds will be a matter of fact to be determined, in the event of an unresolved dispute, by the court. I am grateful to the right hon. Member for Govan for raising the matter.
§ Mr. MillanI am glad to acknowledge that the Solicitor-General for Scotland listened to my arguments in Committee and I am pleased that he has responded.
§ Amendment agreed to.