HL Deb 10 June 1926 vol 64 cc360-5

Schedule, page 5, line 4, at the beginning insert—

("Law of Property Act, 1922.
Section 43 In subsection (8), for the words 'shall be treated as purchase money' there shall be substituted the words 'shall be 'treated as interest upon pur-'chase money.'")

Schedule, page 5, line 4, after the last Amendment insert—

("Schedule XIII., Part II. At the end of paragraph 13 the following words shall be Inserted—
For the purposes of this paragraph the right of a tenant to demise or otherwise deal with land without the licence of the lord shall not, be deemed to be restricted by reason only that by custom or otherwise the transaction has to be effected by surrender and admittance, or by customary assurance or in any other particular manner, and customary payments have to be made in respect of the transaction.")

Schedule, page 5, line 6, at the beginning insert—

"Section 1 At the end, there shall be inset led the following sub-section:—
'(7) This section does not apply to land held upon trust for sale.'
Section 3 In this section after the word 'Land,' where it first occurs, there shall be inserted the words 'not held upon trust for sale.'")

Schedule, page 5, line 34, at end insert—

("Section 78 At the end of subsection (1) there shall be inserted the words 'This subsection operates without prejudice to the rights of any person claiming under a disposition for valuable consideration of any such money securities or proceeds, made before the commencement, of this Act.'")

Schedule, page 6, line 4, at end insert—

("Section 2 For subsection (2) front the beginning to the words 'are either.' there shall be substituted the words 'Where the legal estate affected is subject to a trust for sale, then if at the date of a conveyance, made alter the commencement of this Act under the trust for sale or the powers conferred on the trustees for sale, the trustees (whether original or substituted) are either '
In that subsection for the words 'such equitable interest or power' there shall be substituted the words 'any equitable interest or power having priority to the trust for sale.'")

Schedule, Page 6, line 26, at end insert—

("'In the ease of a trust for sale, not being a trust for sale created by or in pursuance of the powers conferred by this or any other Act, this subsection shall not apply unless the contrary intention appears in the disposition creating the trust.'")

Schedule, page 6, line 45, at end insert:—

("Section 28 In subsection (1), after the word 'minority' there shall be inserted the words 'and where by statute settled land is or becomes vested in the trustees of the settlement upon the statutory trusts, such trustees and their successors in office shall also have all the additional or larger powers (if any) conferred by the settlement on the tenant for life, statutory owner or trustees of the settlement.'"
Section 35 At the end the following paragraph shall be inserted:
"Where—
(a) an undivided share was subject to a settlement, and
(b) the settlement remains subsisting in respect of other property, and
(c) the trustees thereof are not the same persons as the trustees for sale,
then the statutory trusts include a trust for the trustees for sale to pay the proper proportion of the net proceeds of sale or other capital money attributable to the share to the trustees of the settlement to be held by them as capital money arising under the Settled Land Act. 1925."
Section 36 At the end of subsection (2) the following words shall be inserted:—
"Nothing in this Act affects the right of a survivor of joint tenants, who is solely and beneficially interested, to deal with his legal estate as if it were not held on trust for sale."")

Schedule, page 7, line 10, at end insert:—

("Section 94 In subsection (2) for the words 'date of the original advance' there shall be substituted the words 'time when the original mortgage was created.'")
Section 96 At the end of subsection (2) the following proviso shall be inserted:—"In this subsection notice does not include notice implied by reason of registration under the Land Charges Act, 1925, or in a local deeds register."
Section 125 In subsection (2) for the words "an office copy" there shall be substituted the words "a copy."")

Schedule, page 7, line 26, leave out from the beginning to the end of line 33 and insert:—

("At the end of paragraph 7 there shall be inserted the following paragraph:—

"(m) To vest in any person any legal estate affected by any rent covenants or conditions if, before any proceedings are commenced in respect of the rent covenants or conditions, and before any conveyance of the legal estate or dealing therewith inter vivos is effected, he or his personal representatives disclaim it in writing signed by-him or them."")

Schedule, page 7, line 34, at the beginning insert:—

("In paragraph 1 (3), for the words "term of years absolute," there shall be substituted the words "mortgage, and free from any interests, powers and charges subsisting under the settlement, which have priority to the interests of the persons entitled to the undivided shares."
In paragraph 1 (4) (iii) for the words "vest the land" there shall be substituted the words "thereupon the land shall by virtue of this Act vest."")

Schedule, page 7, line 40, at end insert:—

("In paragraph 1 (12) after the word 'include' there shall be inserted the word 'a legal rent charge affecting the entirety.'"
At the end of paragraph 3 the following new paragraph shall be inserted:—
"4. Where, immediately before the commencement of this Act, there are two or more tenants for life of full age entitled under the same settlement in undivided shares, and, after the cesser of all their interests in the income of the settled land, the entirety of the land is limited so as to devolve together (not in undivided shares), their interests shall, but without prejudice to any beneficial interest, be converted into a joint tenancy, and the joint tenants and the survivor of them shall until the said cesser occurs, constitute the tenant for life for the purposes of the Settled Land Act, 1925, and this Act."")

Schedule, page 8, line 14, at end insert:—

("Section 27 In subsection (1) for the words "in a daily London newspaper and also, if the property includes land not situated in London, in a daily or weekly newspaper circulating in the district in which the land is
situated" there shall be substituted the words "in a newspaper circulating in the district in which the land is situated."")

Schedule, page 8, line 14, after the last Amendment insert:—

("Land Charges Act, 1925.
Section 10 In Class C (iii) at the end, the following proviso shall be inserted:—
"Provided that a charge given by way of indemnity against rents equitably apportioned or charged exclusively on land in exoneration of other land and against the breach or non-observance of covenants or conditions, shall not be deemed to be a general equitable charge and shall not be registrable as a land charge under this Act."
For subsection (6) the following subsection shall be substituted:—
"In the case of a general equitable charge, restrictive covenant, equitable, easement or estate contract affecting land within any of the three ridings and in the case of any other land charge (not being a local land charge) created by a document which shows on the face of it that the charge affects land within any of those ridings, registration shall be effected in the prescribed manner in the appropriate local deeds registry in place of the registry."
Section 15 At the end of subsection (1) the following paragraph shall he inserted:—
"For the purposes of this section any sum which is recoverable by a local authority under any of the Acts aforesaid from successive owners or occupiers of the property in respect of which the sum is recoverable shall, whether such sum is expressed to be a charge on the property or not, be deemed to be a charge."
At the end of paragraph (a) of subsection (6) there shall he inserted the words "whether by reference to the estate owner or to the land affected or otherwise" and paragraph (b) of the same subsection shall be omitted.
For subsection (7) the following subsection shall be substituted:—
"The foregoing provisions of this section shall apply to—

(a) any town planning scheme made by or any authority or resolution to prepare or adopt a town planning scheme, given to or passed by, a local authority, whether made, given or passed before or after the commencement of this Act; and
(b) any prohibition of or restriction on the user or mode of user of land or buildings imposed by a local authority after the commencement of this Act by order, instrument or resolution, or enforceable by a local authority under any covenant or agreement made with them after the commencement of this Act, or by virtue of any conditions attached to a consent, approval or licence granted by a local authority after that date, being a prohibition or restriction binding on successive owners of the land or buildings, and not being—
(i) a prohibition or restriction operating over the whole of the district of the authority or over the whole of any contributory place thereof; or
(ii) a prohibition or restriction which is, or which may become, enforceable by virtue of a town planning scheme; or
(iii) a prohibition or restriction imposed by a covenant or agreement made between a lessor and lessee; as if the scheme, resolution, authority, prohibition or restriction were a local land charge, and the same shall be registered by the proper officer as a local land charge accordingly."")

Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)

On Question, Motion agreed to.