§ Amendments reported (according to Order.)
THE LORD CHANCELLORMy Lords, I have prepared a new sub-section to Clause 4 in compliance with my promise 1421 to Lord Faber. The new sub-section differs only in a slight degree from the Amendment that ho himself moved, and I hope he is satisfied with it.
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Amendment moved—;
In Clause 4, page 5, line 16, to leave out Sub-section (3) and to insert the following new sub-section: '(3) Any banking or insurance company or other body corporate may, by order of the Court, made on the application of any person on whose application a new trustee may be appointed, or by or under the instrument creating the trust, be appointed to be custodian trustee of any trust, with power, if the Court so order or the instrument so direct, to charge and retain or pay out of the trust property the same fees as are chargeable by the public trustee as custodian trustee, or such smaller fees as the Court or instrument may direct; and where any such appointment is made, the provisions of this section shall, subject to any directions contained in the order or instrument, apply as they apply in the case where the public trustee is appointed to be custodian trustee, except that if the court or instrument so direct, the trust property and the right to transfer or call for a transfer of shares, stock, and securities shall vest in the custodian trustee jointly with the managing trustees.'"—;(The Lord Chancellor.)
§ LORD FABERI am quite satisfied with the Amendment, and am much obliged to the noble and learned Lord on the Woolsack for bringing it forward. It meets the object I had in view in my Amendment which I withdrew on the Committee stage.
§ On Question, Amendment agreed to.
THE LORD CHANCELLORThe object of the next Amendment is to make perfectly clear the intention of the original clause.
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Amendment moved—;
To leave out Clause 12 and to insert the following new clause: 'The provisions of this Act with respect to the High Court shall, in their application to cases within the jurisdiction of a palatine court, include that court, and the public trustee shall provide an address within the county palatine where service upon him of any proceedings under this Act in such palatine court may be effected; the rules of court relating to the exercise of the jurisdiction of a palatine court under this Act shall be made by the authority having power to make general rules and orders of that court.'"—;(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Consequential Amendment agreed to.
1422THE LORD CHANCELLORThe next Amendment is intended to meet the suggestion made in Committee by my noble and learned friend Lord Ashbourne. By this Amendment it will be for the Lord Chancellor, with the concurrence of the Treasury, to provide for the establishment and regulation of any branch office where he thinks it necessary. It was not intended that this power should rest with the public trustee.
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Amendment moved—;
In Clause 15, page 12, line 13, to leave out the words 'by the public trustee.'"—;(The Lord Chancellor.)
§ On Question, Amendment agreed to.
THE LORD CHANCELLORThe object of my last Amendment is to make it clear that rules may be made for excluding any particular kind of trust from the operation of the Act.
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Amendment moved—;
In Clause 15, page 12, line 14, after the word 'office' to insert the following new paragraph: '(e) Excluding any trusts from the operation of this Act or any part thereof.'"—;(The Lord Chancellor.)
§ On Question, Amendment agreed to. Bill to be read 3a To-morrow; and to be printed as amended. (No. 81.)