§ [No. 21]
§
After Clause 2, insert the following new clause—
(".—(1) A spouse entitled to rights of occupation may by a release in writing release those rights or release them as respects part only of the dwelling house affected by them.
§ (2) Where a contract is made for the sale of an estate or interest in a dwelling house, or for the grant of a lease or under-lease of a dwelling house, being (in either case) a dwelling house affected by a charge registered in accordance with subsection (6) or (7) of section 2 above, then, without prejudice to subsection (1) above, the rights of occupation constituting the charge shall be deemed to have been released on the happening of whichever of the following events first occurs, that is to say, the delivery to the purchaser or lessee, as the case may be, or his solicitor on completion of the contract of an application by the spouse entitled to the charge for the cancellation of the registration of the charge or the lodging of such an application at Her Majesty's Land Registry.
1149§ (3) A spouse entitled by virtue of section 2 above to a change on an estate or interest of the other spouse may agree in writing that any other charge on, or interest in, that estate or interest shall rank in priority to the charge to which that spouse is so entitled.")
§ BARONESS SUMMERSKILLMy Lords, this new clause put it beyond doubt that a spouse may release his or her rights of occupation under the Bill. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Baroness Summerskill.)
§ On Question, Motion agreed to.