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Mr David Lammy
Ms Rosie Winterton
Agreed to 29
| | Page 36, line 3 [Schedule 1], after `it', insert `(or has had it read to him)'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 30
| | Page 46, line 11 [Schedule 3], leave out sub-paragraphs (1) and (2) and insert— |
| `(1) | If the donor of a lasting power is habitually resident in England and Wales at the time of granting the power, the law applicable to the existence, extent, modification or extinction of the power is— |
| (a) | the law of England and Wales, or |
| (b) | if he specifies in writing the law of a connected country for the purpose, that law. |
| (2) | If he is habitually resident in another country at that time, but England and Wales is a connected country, the law applicable in that respect is— |
| (a) | the law of the other country, or |
| (b) | if he specifies in writing the law of England and Wales for the purpose, that law.'. |
Mr David Lammy
Ms Rosie Winterton
Agreed to 31
| | Page 47, line 4 [Schedule 3], leave out from first `party' to end of line 14 and insert— |
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`(2) |
The validity of the transaction may not be questioned in proceedings, nor may the third party be held liable, merely because— |
| (a) | where the representative and third party are in England and Wales when entering into the transaction, sub-paragraph (3) applies; |
| (b) | where they are in another country at that time, sub-paragraph (4) applies. |
| (3) | This sub-paragraph applies if— |
| (a) | the law applicable to the authority in one or more respects is, as a result of this Schedule, the law of a country other than England and Wales, and |
| (b) | the representative is not entitled to exercise the authority in that respect (or those respects) under the law of that other country. |
| (4) | This sub-paragraph applies if— |
| (a) | the law applicable to the authority in one or more respects is, as a result of this Part of this Schedule, the law of England and Wales, and |
| (b) | the representative is not entitled to exercise the authority in that respect (or those respects) under that law. |
| (5) | This paragraph does not apply if the third party knew or ought to have known that the applicable law was— |
| (a) | in a case within sub-paragraph (3), the law of the other country; |
| (b) | in a case within sub-paragraph (4), the law of England and Wales.'. |
| | Bill read the third time on division, and passed. |
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