House of Commons Standing Committee Proceedings—continued

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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—
`(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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15 December 2004