§ [Nos. 34–37]
§ Clause 32, page 24, line 42, leave out from "court" to "to" in line 43 and insert "that in the event of its exercising the power the mortgagor is likely to be able within a reasonable period."
§ Clause 32, page 25, line 6, leave out "in the action "
1020§ Clause 32, page 25, line 13, leave out from "thinks" to end of line 14 and insert "reasonable".
§
Clause 32, page 25, line 19, at end insert—
( ) The Court may from time to time vary or revoke any condition imposed by virtue of this section.
( ) This section shall have effect in relation to such an action as is referred to in subsection (1) above begun before the date on which this section comes into force unless in that action judgment has been given, or an order made, for delivery of possession of the mortgaged property and that judgment or order was executed before that date.
( ) In the application of this section to Northern Ireland, "the court" means a judge of the High Court in Northern Ireland, and in subsection (1) the words from ''not being" to "made" shall be omitted.
§ 5.2 p.m.
§ THE LORD CHANCELLORMy Lords, if no noble Lord objects I beg to move that this House doth agree with the Commons in their Amendments Nos. 34, 35, 36 and 37. Clause 32 as it stands enables the court to adjourn the proceedings in a mortgage possession action, or stay or suspend execution of the judgment, et cetera, if it appears to the court to be proper to do so for the purpose of giving the mortgagor an opportunity to pay any sums due under the mortgage or to remedy a default under it. Although it was considered that in exercising this power the court would normally impose, under subsection (3), a condition requiring the mortgagor to keep up current payments of interest or instalments of capital repayment plus interest, the Building Societies Association represented to me that a more precise indication should be given in the Bill of the circumstances in which the court should exercise its powers. The first of the Amendments to Clause 32 accordingly provides that the power to adjourn the proceedings or stay execution, et cetera, shall be exercisable if it appears to the court that if these powers are exercised the mortgagor will be likely, within a reasonable period, to be able to pay the sums due under the mortgage. By reason of the deletion from subsection (1) of the reference to "the purpose of giving the mortgagor an opportunity ", it is necessary as a consequential Amendment to delete the reference to this purpose at the end of subsection (2). This consequential Amendment is effected by Amendment No. 36.
1021 Amendment No. 35 seeks to delete the words "in the action". This is a drafting Amendment; it is considered that the words "in the action" are unnecessary and may lead to misunderstanding. Amendment No. 37 seeks to add two new subsections to Clause 32. The new subsection (4) will give the court power to vary or revoke any condition imposed in connection with the adjournment, et cetera, of a mortgage possession action. This power is desirable to deal with possible changes in the circumstances of the mortgagor. The proposed new subsection (5) will enable the court to exercise the powers conferred upon it by subsection (2) in relation to proceedings pending when Part IV of the Bill comes into operation. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—[The Lord Chancellor.)
VISCOUNT COLVILLE OF CULROSSMy Lords, I hope that the House will approve these Amendments. They consist of three new subsections. One deals with Northern Ireland, which appears under Amendment No. 37. I should not like to say at the moment exactly what it means, but on the other hand I have no doubt that it is correct drafting for Northern Ireland, and as these things always have to be most carefully cleared up and considered I do not suppose there is anything in it at all. I welcome these Amendments, particularly if they are the result of representations by the building societies who will usually be the people involved in this Part of the Bill.
§ On Question, Motion agreed to.