HL Deb 13 June 1940 vol 116 cc574-5

[The references are to Bill No. 50.]

Clause 3, page 4, line 26, leave out ("statutory declaration") and insert ("statement in writing")

Clause 3, page 4, line 26, leave out ("donee") and insert ("donor")

Clause 3, page 4, line 27, after ("attorney") insert ("(whether or not contained in the instrument creating the power)")

Clause 3, page 4, line 30, at end insert— ("(4) For the purpose of the following enactments (which impose penalties for making false statements in a statutory declaration), namely—

  1. (a) Section five of the Perjury Act, 1911;
  2. (b) Section two of the False Oaths (Scotland) Act, 1933;
  3. 575
  4. (c) Section twenty-one of the Statutory Declarations Act, 1835;
any such statement as is mentioned in the last foregoing subsection shall be deemed to be a statutory declaration.").

THE LORD CHANCELLOR

My Lords, the Amendments inserted in this Bill in another place are almost entirely of a drafting character, and I propose, with your Lordships' permission, to move that they be dealt with en bloc. Perhaps I should say a few words about the first Amendment. It is directed to a purpose to which I had drawn the attention of my learned friend the Attorney-General. That purpose is the simplification of the procedure required by the Bill as it stood when it left your Lordships' House. It may well be that any third party who is requested by the donee of a power to act upon it, may require to be satisfied that it is not such a power as falls within the Act, and that therefore he need not look to see whether the formalities required by the Act have been complied with. Under the clause as it stood when it left your Lordships' House, this information was to be conveyed by a statutory declaration. The clause as now amended enables this assurance to be given by the simpler method of a statement made by the donor of the power. This statement must be in writing, as mentioned in the Amendment, and may be contained in the power itself or in an independent document. The result will be a very considerable saving both of labour and expense.

The last Amendment on the Paper has a somewhat formidable and minatory air. These provisions are necessary so as to attach to the making of a false statement as described in this clause, the penalties which would have attached to the making of a false statement in a statutory declaration. Your Lordships will therefore see that these changes are little more than drafting, and, if I may be allowed, I shall move the Amendments en bloc. I beg to move that this House doth agree with the Commons in the said Amendments.

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

On Question, Motion agreed to.