HL Deb 05 May 1932 vol 84 cc324-5

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Blanesburgh.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF ONSLOW in the Chair.]

Clause 1 agreed to.

Clause 2:

Definition of "rentcharge in possession."

2. For removing doubts, it is hereby declared that the expression "rentcharge in possession" in paragraph (b) of subsection (2) of Section one of the Law of Property Act, 1925, means a rentcharge not limited to take effect in remainder after or expectant on the failure or determination of some other interest, and whether or not the payments in respect thereof are limited to commence or accrue from the time of its creation.

LORD BLANESBURGH moved to leave out Clause 2 and insert the following new clause: .For removing doubt it is hereby declared that a rentcharge (not being a rent-charge limited to take effect in remainder after or expectant on the failure or determination of some other interest) is a rent-charge in possession within the meaning of paragraph (b) of subsection (2) of Section one of the Law of Property Act, 1925, notwithstanding that the payments in respect thereof are limited to commence or accrue at some time subsequent to its creation.

The noble and learned Lord said: I beg to move to substitute the words which I have placed on the Paper for those which are now in the Bill. It is purely a drafting Amendment. The pro- posed new words are clearer and better than those which they displace. I beg to move.

Amendment moved— Leave out Clause 2 and insert the said new clause.—(Lord Blanesburgh.)

On Question, Amendment agreed to.

Remaining clause agreed to.