HL Deb 26 July 1977 vol 386 cc872-3

4 Clause 24, page 15, leave out lines 33 and 34

5 Clause 25, page 16, line 14, leave out from "charge" to end of line 16 and insert—

  1. "(a) it shall take effect only in equity, and
    2. 873
  2. (b) it shall be capable of being overriden as a minor interest unless it is protected as provided by subsection (3) below."

6 Clause 27, page 17, line 34, leave out from "provisions" to end of line 38.

7 Clause 31, page 19, line 22, leave out from beginning to "(25)" in line 23 and insert "sections (Rectification of the register) to",

8 Page 20, line 1, leave out "24 to" and insert "sections (Rectification of the register) to",

9 Page 20, line 21, leave out "those enactments extend" and insert "that enactment extends".

The LORD CHANCELLOR: My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 4 to 9 inclusive.

Viscount COLVILLE of CULROSS

Hear, Hear!

The LORD CHANCELLOR

These Amendments can conveniently be taken together since they are all drafting matters, as the noble Viscount by his approval has indicated, and do not affect the substance of the relevant provisions in the Bill, with the possible exception of Amendment No. 6 which deletes paragraph (b) from the new subsection (3A) which is to be inserted in the Administration of Estates Act 1925. The House will remember that Clause 27(3) of the Bill gives the Lord Chancellor power by order to vary the formula for capitalising the value of the life interest of the surviving spouse on intestacy. The present formula, based on the value of consols, has become inappropriate in current conditions.

The purpose of the Amendment is to remove the retrospective element in the transitional provisions of the clause as it was originally drafted. Those provisions were drawn in terms wide enough to enable the order to re-open past cases, and it was put to me by the Law Reform Committee of the Bar Council that this was undesirable. I agree with that view and Amendment No. 6 rectifies the matter. My Lords, I beg to move.

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

On Question, Motion agreed to.