HL Deb 14 December 1971 vol 326 cc1015-6

3.37 p.m.

THE CHAIRMAN OF COMMITTEES (THE EARL OF LISTOWEL) rose to move, That the following amendment be made to the Standing Orders relating to Private Bills:— Leave out Standing Order 163 (Appointment of new trustees to be with approbation of High Court).

The noble Earl said: My Lords, in moving the first Amendment, which is to leave out Standing Order 163, I should like to explain quite briefly its purpose. This Amendment and the subsequent Amendment are Amendments to Private Bill Standing Orders regulating procedure on personal Bills. I am informed that it is not the practice of the High Court, in exercising its jurisdiction to vary or approve settlements, to impose a requirement that the court must consent to the appointment of new trustees. I would, therefore, ask the House to agree to this Amendment, so that our procedure is brought into line with that of the High Court. I beg to move.

Moved, That the following amendment be made to the Standing Orders relating to Private Bills:— Leave out Standing Order 163 (Appointment of new trustees to be with approbation of High Court).—(The Earl of Listowel.)

On Question, Motion agreed to.

THE EARL OF LISTOWEL

My Lords, in moving the second Amendment in my name, which is to leave out Standing Order 169, I should explain that this Standing Order was originally inserted because a trustee appointed by Act of Parliament, that is, as a result of a Personal Bill, could not refuse to accept the appointment. I am, however, of the opinion that the consent of trustees is covered by Standing Order 166, which provides that the consent of all parties concerned in the consequences of a personal Bill shall be proved to the satisfaction of the Committee on the Bill. Trustees affected by a Personal Bill are clearly concerned in the consequences of the Bill. In addition, this Standing Order requires trustees to give their consent in person before the Committee on the Bill. I suggest to the House that this additional precaution is unnecessary, because it is quite sufficient to obtain their consent in writing. For these reasons I am asking the House to agree to this Amendment. I beg to move.

Moved, That the following amendment be made to the Standing Orders relating to Private Bills:— Leave out Standing Order 169 (Trustees to consent in person).—(The Earl of Listowel)

On Question, Motion agreed to.