§ [No. 15]
§ Clause 15, page 12, line 10, leave out from "as"to end of line 12 and insert"he has in relation to that part of the property attached by the floating charge which is situated in England, so far as those powers are not inconsistent with the law of Scotland."
§ LORD DRUMALBYNThe purpose of this subsection is to give a receiver appointed by an English company which has property in Scotland power over that property. The subsection as drafted provides that such a receiver shall have the same powers as if he were a receiver appointed under this Part of the Act, and the provisions of the said Part shall apply to him accordingly.
The statement that the provisions of Part II of the Bill shall apply accordingly for that meaning depends on the significance of the word"accordingly". The words proposed to be left out might be taken to mean that the English receiver is subject to Clauses 25 and 26 and so would have to send documents to the Registrar of Companies in Scotland as well as to the Registrar of Companies in England. It was not intended that the subsection should have that effect. The intention was to give an English receiver the same powers over property in Scotland attached by the charge by virtue of which he was appointed as he has over property in England attached by that charge, so far as those powers are not inconsistent with the law of Scotland. That is what the Amendment does. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Drumalbyn.)
§ On Question, Motion agreed to.