HC Deb 30 April 1996 vol 276 cc1005-6
Mrs. Maddock

I beg to move amendment No. 41, in page 72, line 11, after 'proceedings) ', insert 'or under section 15 of and Schedule 1(2)(e) to the Children Act 1989 (transfer of property in the interests of a child).'.

Madam Deputy Speaker

With this, it will be convenient to discuss also the following amendments: No. 42, in clause 114, page 72, line 36, after 'proceedings) ', insert 'or under section 15 of and Schedule 1(2)(e) to the Children Act 1989 (transfer of property in the interests of a child).'. No. 43, in clause 115, page 72, line 43, after 'proceedings) ', insert 'or under section 15 of and Schedule 1(2)(e) to the Children Act 1989 (transfer of property in the interests of a child).'.

Mrs. Maddock

The amendments are meant to be helpful, as they would ensure that the new provisions for introductory tenancies deal with both statutory provisions under which a family court might order transfer of the tenancy. The amendments make good an important drafting deficiency. Family courts have the power to order the transfer of tenancies under the Matrimonial Causes Act 1973 and the Children Act 1989. The amendments will ensure that the Bill ties up with that legislation. In Committee, the Minister indicated that the omission might be the result of the powers in the 1989 Act being overlooked. The amendments give the Minister the opportunity to correct that error, and I press him to accept them in that spirit.

Mr. Gwilym Jones

We are aware that provisions in the Children Act 1989 cut across the Bill's provisions relating to succession and transferred tenancies. We are in touch with other Departments to ascertain the consequential amendments required to tidy up the statute. We are willing to consider the three amendments in principle and will, where appropriate, introduce amendments in another place. With that assurance, I hope that the hon. Lady will be minded to withdraw amendment No. 41.

Mrs. Maddock

I will convey the Minister's comments to my colleagues in another place, who will be pressing to ensure that my points are taken on board. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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