HL Deb 14 October 1981 vol 424 c389

57 Page 9, line 22, leave out 'passing' and insert 'commencement'.

The Earl of Mansfield

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 57. This amendment is needed to avoid confusion and uncertainty in the first phase after the Bill's enactment. Until regulations have been made to prescribe the form of consent to a dealing solicitors will be unsure as to how to proceed. It is accordingly intended that commencement should not precede the availability of the statutory prescribed consent form. The effect of this amendment will be to remove the risk of an unsatisfactory interim period.

Moved, That this House doth agree with the Commons in the said amendment.—(The Earl of Mansfield.)

The Earl of Selkirk

My Lords, I should like to thank the noble Earl for this amendment. There is a great deal of work which has to be done, certainly by building societies, arising from this Bill. I would have thought a reasonable period would be six months in order that the preliminary work should be done. I think the relevant clause is Clause 21(2). I hope the noble Earl will take into consideration that not only in the Government but outside a great deal of work has to be done to make this situation satisfactory.

The Earl of Mansfield

My Lords, I am much obliged to my noble friend for his remarks. We shall, of course, pay close attention to what he has said.

Lord Ross of Marnock

My Lords, we all know that the Bill is going to pass probably this week, or next week at the latest, but when is it going to commence? Until such time as commencement day is fixed by the Government, of course, these rights are denied, not just in respect of this clause; it takes us to Clause 21: This Act … shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint". I think we should be given some idea as to how long there will be between the passing of the Act and the actual commencement. It could deny people rights that they are waiting for, and waiting for with a certain amount of anxiety. Can we be told?

The Earl of Mansfield

My Lords, with the leave of the House, I do not think it is as simple as the noble Lord seeks to indicate. It is a question of phasing. I shall try to obtain the information and let the noble Lord know, hopefully by the end of the debate.

Lord Ross of Marnock

I thank the noble Earl.

On Question, Motion agreed to.