HL Deb 09 February 1989 vol 503 cc1663-5

3.27 p.m.

The Lord Chancellor (Lord Mackay of Clashfern)

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD ABERDARE in the Chair.]

Clauses 1 to 6 agreed to.

Schedule 1 [Consequential amendments relating to deeds]:

The Lord Chancellor moved Amendment No. 1: Page 4, line 13, after first ("of") insert ("section I of").

The noble and learned Lord said: I wish to move Amendment No. 1 and speak at the same time to Amendments Nos. 2, 3 and 4. These four amendments are of a purely technical nature. Clause 1 of the Bill is to be brought into force by commencement order, unlike the other provisions of the Bill, which will come into force two months after the Royal Assent. The reason for that is that certain arrangements require to be made in order that Section 1 should come into force. It is therefore incorrect to refer to the coming into force of the Act as though that were a single event. The amendments remedy that. I beg to move.

Lord Mishcon

I am sure we are grateful to the noble and learned Lord the Lord Chancellor for explaining this amendment. It may assist in the progress of business in the committee if I tell the noble and learned Lord that I have tried to study all the amendments on the Marshalled List for today and see no objection to any of them.

On Question, amendment agreed to.

The Lord Chancellor moved Amendments Nos. 2 to 4: Page 4, line 14, leave out ("Act") and insert ("section"). Page 4, line 16, after ("of") insert ("section 1 of "). Page 4, line 20, after ("with") insert ("section 1 of").

On Question, amendments agreed to.

The Lord Chancellor moved Amendment No. 5: Page 4, line 28, leave out paragraph 7 and insert— ("7.—(1) The following words shall be substituted for the words from the beginning of subsection (1) of section 7 of that Act to the end of paragraph (a)— 7.—(1) If the donee of a power of attorney is an individual, he may, if he thinks fit— (a) execute any instrument with his own signature, and". (2) In subsection (2) of that section—

  1. (a) the words "or (4)" shall cease to have effect; and
  2. (b) for the words "those subsections" there shall be substituted the words "that subsection".").

The noble and learned Lord said: This amendment is intended to clarify the method of execution to be used where a donee of a power of attorney is a corporation. Section 7(1) of the Powers of Attorney Act 1971 provides that an attorney can sign instruments and do other things in his own name rather than that of the donor. The present wording of the subsection is more apt to refer to individuals rather than corporations. However, the reference in subsection (2) to Section 74(4) of the Law of Property Act 1925, which deals with the method of execution where the donee is a corporation, suggests that subsection (1) might apply to corporations. The original amendment to the Bill was based on the assumption that subsection (1) applied only to individuals and this amendment puts the matter beyond doubt. I beg to move.

On Question, amendment agreed to.

Schedule 1, as amended, agreed to.

Schedule 2 [Repeals]:

The Lord Chancellor moved Amendment No. 6: Page 5, line 5, column 3, at end insert— ("In section 74(3), the words "and in the case of a deed by affixing his own seal,").

The noble and learned Lord said: This amendment corrects an omission in the Bill. Section 74(3) of the Law of Property Act 1925 provides that a person authorised by a power of attorney to convey any interest in property on behalf of a corporation sole or aggregate may do so by signing the name of the corporation in the presence of at least one witness and, in the case of a deed, by affixing his own seal. The reference to a seal is no longer appropriate in view of Clause 1 of the Bill, and the amendment deletes it. I beg to move.

On Question, amendment agreed to.

The Lord Chancellor moved Amendment No. 7: Page 5, line 7, leave out from ("7") to end of line 11 and insert ("in subsection (1), the words "and seal" and in subsection (2), the words "or (4)" ")

The noble and learned Lord said: This amendment is a purely technical one. It amends the repeal schedule to bring the repeals to Section 7(1) and (2) of the Powers of Attorney Act 1971 into line with the amendments made to those subsections by Schedule 1. I beg to move.

On Question, amendment agreed to.

Schedule 2, as amended, agreed to.

House resumed: Bill reported with amendments.