1 Introduction
1. The Proposal for the draft Regulatory Reform (Execution
of Deeds and Documents) Order 2005 was laid before the House by
the Department for Constitutional Affairs on 21 July 2004. The
draft Order is intended to implement reforms to legislation governing
the execution of deeds and other documents by and on behalf of
companies and other kinds of corporations which were identified
by the Law Commission of England and Wales.[1]
It would make amendments to section 74 of the Law of Property
Act 1925, section 36A of the Companies Act 1985 and Section 1
of the Law of Property (Miscellaneous Provisions) Act 1989, so
as to remove certain existing restrictions on the powers of companies
and corporations more generally and to remove inconsistencies
so that the law would be clarified. Consequential amendments
would also be made to the Powers of Attorney Act 1971. The effect
of these changes would be to allow a greater common understanding
of the requirements of the law in respect of the execution of
deeds and documents and thereby to allow businesses, legal practitioners
and others more certainty that various legal procedures have been
correctly carried out and that formal documents can be accepted
as having been validly executed.
2. The Government laid the draft Order before Parliament
on 21 February, together with an explanatory memorandum by the
Department for Constitutional Affairs.[2]
3. The House has instructed us to examine the draft
Order against such of the criteria specified in Standing Order
No. 141(6) as are relevant. We are also required to consider
the extent to which the responsible minister has had regard to
any resolution or report of the Committee or to any other representations
made during the period for Parliamentary consideration.[3]
Our discussion of matters arising from our consideration is set
out below.
1 
