HL Deb 26 November 1992 vol 540 c1067

4.17 p.m.

Report received.

Clause 4 [Enforcement by executor of rights transmitted to him.]

Lord Macaulay of Bragar moved the amendment:

Page 2, leave out lines 41 to 46 and insert— ("Enforcement by executor of rights transmitted to him. 2A.—(1) For the purpose of enforcing any right transmitted to an executor under section 1A or 2 of this Act the executor shall be entitled—

  1. (a) to bring an action; or
  2. (b) if an action for that purpose had been brought by the deceased but had not been concluded before his death, to be sisted as pursuer in that action.").

The noble Lord said: My Lords, during the Committee stage of the Bill my noble friend Lord Carmichael of Kelvingrove tabled a similar amendment to Clause 4, the principle of which I was happy to accept. I was grateful to my noble friend for agreeing to withdraw his amendment at that stage to allow a few minor drafting points to be considered. I undertook to bring forward at Report stage an amendment providing a similar tabulated version of the clause, which has now been done.

This is purely a drafting amendment which does not affect the provisions of the Bill. However, I believe that it renders the provisions somewhat easier to understand. As noble Lords will note, it stands in the names of myself and my noble friend Lord Carmichael and I understand that it carries Government support. I beg to move.

The Lord Advocate (Lord Rodger of Earlsferry)

My Lords, I confirm that the amendment does indeed have Government support.

On Question, amendment agreed to.