§ 68 Page 10, line 19, leave out from 'where' to end of line 25 and insert 'it appears to the court—
- (a) that the non-entitled spouse has led the entitled spouse to believe that he or she would consent to the dealing and that the non-entitled spouse would not be prejudiced by any change in the circumstances of the case since such apparent consent was given; or
- (b) that the entitled spouse has, having taken all reasonable steps to do so, been unable to obtain an answer to a request for consent.'.
§ The Earl of MansfieldMy Lords, I beg to move that this House doth agree with the Commons in their amendment No. 68 as amended by your Lordships. The amendment as the Commons intended it was to provide for a simpler and more flexible approach to the court's consideration of whether consent to a dealing had been unreasonably withheld. It allows for a change of mind on the part of the non-entitled spouse, if there has been a significant and prejudicial change in circumstances, and leaves it to the discretion of the court to decide on what constitutes reasonable steps to obtain an answer to a request for consent.
§ Moved, That this House doth agree with the Commons in the said amendment as amended.—(The Earl of Mansfield.)
§ Lord DrumalbynMy Lords, I wish to raise a very small detail. I wonder whether the reference to line 25 should not be to line 26, because otherwise the words "has been acknowledged" seem to be meaningless.
§ The Earl of MansfieldMy Lords, I fancy that my noble friend's eye is even more eagle than mine. However, this is part of the description of the Bill rather than what will appear in the Act and I think, with respect, that it matters not.
§ On Question, Motion agreed to.