§ Lord Hackingasked Her Majesty's Government:
(i) Whether any purpose is served by excluding from Rule 30 of the Public Trustee Rules companies which have been properly registered other than under the Companies Act 1948 (and which otherwise properly satisfy the terms of this rule) from qualifying as custodian trustees (and hence trust corporations for the purposes of the Law of Property Act 1925);
(ii) if no such purpose is served, whether it is proposed to amend the Public Trustee Rules; and
(iii) if so, when.
§ The Lord Chancellor (Lord Hailsham of Saint Marylebone)Companies registered otherwise than under the Companies Act 1948 are not in fact disqualified from acting as custodian trustees. Rule 30(1)(b)(iv) of the Public Trustee Rules 1912, as amended by the Public Trustee (Custodian Trustee) Rules 1975, refers to the Companies Act 1948 because that was the relevant Act in force in 1975 when this part of Rule 30 was last amended. As companies registered under earlier Companies Acts were deemed to be registered under the 1948 Act by virtue of Section 459(12) of that Act so the reference to the 1948 Act in Rule 30 is, by virtue of the Interpretation Act 1978, to be construed as a reference to the Companies Act 1985.