HL Deb 22 July 1996 vol 574 cc1174-5
The Lord Chancellor (Lord Mackay of Clashfern)

My Lords, I beg to move that the Commons amendments be now considered.

Moved, That the Commons amendments be now considered.—(The Lord Chancellor.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

[The page and line refer to Bill (123) as first printed by the Commons.]

COMMONS AMENDMENT

1 Schedule 4, page 29, line 3, column 3, at end insert—

'In section 60, paragraphs (b) and (c) of the proviso to subsection (4).'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1. Since all the amendments are of a similar technical nature, I believe that it would be appropriate to speak also to Amendments Nos. 2, 3 and 4.

All of the amendments concern purely consequential repeals. Amendment No. 1 provides for the repeal of provisions in Section 60(4) of the Law of Property Act 1925 which require fewer words in the deed creating an entailed interest than was the case before 1925. Since it will no longer be possible to create entailed interests in future, these provisions will become superfluous and the amendment removes them in order to avoid confusion. Amendments Nos. 2 to 4 are necessary to ensure the repeal of certain provisions in other legislation which operate by reference to trusts for sale and the doctrine of conversion and which will accordingly become obsolete as a result of the conversion of trusts for sale into trusts of land and the abolition of the doctrine of conversion by this Bill. They are necessary because the provisions which they affect are either contained in or provided for by the Housing Bill and Housing Grants, Construction and Regeneration Bill, both of which will, as regards the relevant provisions, be in force before the trusts of land reforms. Had the order of commencement turned out to be the other way around, it would have been the other Bills which required amendment.

Moved, That the House do agree with the Commons in their Amendment No. 1.—(The Lord Chancellor.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

2 Schedule 4, page 33, leave out lines 19 to 22.

3 Page 33, line 37, column 3, at beginning insert—

'In section 93A(4)—the words ", or by that section as applied by section 28 of the Law of Property Act 1925 in relation to trusts for sale", the words ", or by that section as so applied,", and the words "or by trustees for sale".'.

4 Page 33, line 54, at end insert—

'1996 c. 00. The Housing Grants, Construction and Regeneration Act 1996. Section 55(4)(b). Section 73(3)(b). In section 98(2)(a), the words "or to the proceeds of sale of the dwelling".'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 2 to 4.

Moved, That the House do agree with the Commons in their Amendments Nos. 2 to 4.—(The Lord Chancellor.)

On Question, Motion agreed to.