HL Deb 23 July 1969 vol 304 cc990-1

[No. 5]

After Clause 17, insert the following new clause—

Policies of assurance and property in industrial and provident societies.

".—(1) In section !1 of the Married Women's Property Act 1882 and section 2 of the Married Women's Policies of Assurance (Scotland) Act 1880 (policies of assurance effected for the benefit of children) the ex-expression "children" shall include illegitimate children.

(2) In section 25 (2) of the Industrial and Provident Societies Act 1965 (application of property in registered society where member was illegitimate and is not survived by certain specified relatives) for the words "and leaves no widow, widower or issue, and his mother does not survive him" there shall be substituted the words "and leaves no widow, widower or issue (including any illegitimate child of the member) and neither of his parents survives him".

(3) Subsection (1) of this section docs not affect the operation of the said Acts of 1882 and 1880 in relation to a policy effected before the coming into force of that subsection; and subsection (2) of this section does not affect the operation of the said Act of 1965 in relation to a member of a registered society who dies before the coming into force of the said subsection (2)."

THE LORD CHANCELLOR

My Lords, this is one of those matters on which I can go into a great deal of detail on any point if your Lordships desire me to do so. There are three subsections to the new clause. The first extends Section 11 of the Married Women's Property Act 1882 and Section 2 of the Married Women's Policies of Assurance (Scotland) Act 1880 to cover insurance policies taken out on the life of the assured in favour of his illegitimate children. Subsection (2) makes an amendment to Section 25 (2) of the Industrial and Provident Societies Act 1965 which is consequential on Clause 13. Section 25 makes provision for a case where a member of a registered society dies leaving in the society shares, el cetera, not exceeding £500. It enables the committee of the society to pay the money to persons appearing to be entitled to it without any need for a grant of representation to the deceased member's estate. Subsection (1) of this section does not affect the operation of the said Acts of 1882 and 1880 in relation to a policy effected before the coming into force of the subsection.

My Lords, this is an Amendment which prevents Clause 19 affecting retrospectively any existing policy of life assurance or the operation of Section 25 (2) of the Industrial and Provident Societies Act 1965 in respect of a person dying before its commencement. What it all comes to is that these are clauses clarifying the position—necessarily, I think, and rightly—in relation to certain questions which arise on policies of insurance and property in industrial and provident societies. I beg to move that this House doth agree with the Commons in their Amendment No. 5.

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

On Question, Motion agreed to.