HL Deb 09 July 1964 vol 259 cc1164-5

Leave out Clause 12 and insert the following new clause:

Possibilities of reverter, conditions subsequent, exceptions and reservations

(".—(1) In the case of—

  1. (a) a possibility of reverter on the determination of a determinable fee simple, or
  2. (b) a possibility of a resulting trust on the determination of any other determinable interest in property,
the rule against perpetuities shall apply in relation to the provision causing the interest to be determinable as it would apply if that provision were expressed in the form of a condition subsequent giving rise, on breach thereof, to a right of re-entry or an equivalent right in the case of property other than land, and where the provision falls to be treated as void for remoteness the determinable interest shall become an absolute interest.

(2) Where a disposition is subject to any such provision, or to any such condition sub- sequent, or to any exception or reservation, the disposition shall be treated for the purposes of this Act as including a separate disposition of any rights arising by virtue of the provision, condition subsequent, exception or reservation.")


My Lords, the new Clause 12 is designed to achieve the same effect as its predecessor, though by a different and more certain method. The purpose of the clause is to apply the perpetuity rule to possibilities of reverter and analogous interests in personalty. Again I can explain that if your Lordships require it, but at this late hour I somehow feel your Lordships will not require it. I beg to move that this House doth agree with the Commons in the said Amendment.

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

On Question, Motion agreed to.