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The Lord Chancellor moved Amendments Nos. 6 to 13:
The noble and learned Lord said: My Lords, I spoke to Amendments Nos. 6 to 13 inclusive with Amendment No. 5. With the leave of the House, I beg to move them en bloc.
On Question, amendments agreed to.
The Lord Chancellor: My Lords, I beg to move, That the Bill do now pass.
Moved, That the Bill do now pass.--(The Lord Chancellor.)
Lord Mishcon: My Lords, I cannot let this occasion pass without saying to the noble and learned Lord who sits on the Woolsack how grateful the Law Society is for the co-operation that he and his department have given to the observations that it has made from time to time. There have been meetings where letters have been discussed. I believe that the Bill has benefited from those discussions and from the decisions that were reached.
I pay my own tribute to the appropriate committee of the Law Society, the Land Law and Succession Committee, and to the two sturdy members, Mr. Lockhart and Mr. Jarman, who kept me briefed and allowed me to appear to be extremely learned in a field of law where my ignorance might have been apparent, certainly to the noble and learned Lord the Lord Chancellor and to the noble Lord, Lord Meston, were it not for the adequacy of the briefing that I had been given.
Lord Meston: My Lords, I should like to associate myself with every remark just uttered by the noble Lord, Lord Mishcon, in particular in paying tribute to the responsive and careful way in which the noble and learned Lord the Lord Chancellor and his officials have dealt with the Bill.
I cannot help feeling that the Law Society has been rather more proactive than my branch of the profession. At an early stage of the Bill, I endeavoured to take soundings from appropriate quarters in Lincoln's Inn but important as it is for that area of the practising Bar, it did not seem to have caused a major tremor there. However, I do not doubt that there will be less room for unnecessary litigation as a result of the trouble taken with the Bill so far. We wish it well.
The Lord Chancellor: My Lords, I wish to associate myself with what the noble Lord, Lord Mishcon, said in relation to the Law Society committee and also the two particular members of it who came to a very hastily arranged meeting with me as well as attending a number of meetings with officials. I believe that the Bill is better as a result of that.
I have the impression that the Bar thought that the principles of the Bill were wise. The detail and the amendments in which we have been involved have been mostly of a kind which would come more within the daily business of the solicitor branch of the profession than of the Bar. But I have no reason to suppose that, if some major improvement were required, the Bar would not be to the forefront in securing that, as it was, for example, in relation to the technical conveyancing Bill in the previous Session.
I am grateful to the noble Lords, Lord Mishcon, and Lord Meston, for the part that they played. I believe that there is a deeper basis of knowledge in them than they were willing to acknowledge. I do not believe that their contribution was entirely due to the briefing. I am extremely grateful for their co-operation and the spirit in which the Bill has gone forward.
On Question, Bill passed, and sent to the Commons.
Page 10, line 10, leave out from ("(2)(a),") to end of line 24 and insert--
("(b) reasonable arrangements have been made for the protection of any rights of his in connection with the trust,
(c) after he has retired there will be either a trust corporation or at least two persons to act as trustees to perform the trust, and
(d) either another person is to be appointed to be a new trustee on his retirement (whether in compliance with a direction under subsection (2)(b) or otherwise) or the continuing trustees by deed consent to his retirement,
he shall make a deed declaring his retirement and shall be deemed to have retired and be discharged from the trust.
( ) Where a trustee retires under subsection (3) he and the continuing trustees (together with any new trustee) shall (subject to any arrangements for the protection of his rights) do anything necessary to vest the trust property in the continuing trustees (or the continuing and new trustees).").
Page 11, line 6, leave out ("is not by writing withdrawn by any of them before being") and insert ("none of them by writing withdraws the direction given by him before it has been").
Page 11, line 19, leave out from ("disposition") to end of line 21.
Page 11, line 23, after ("Act") insert ("by a disposition").
Page 11, leave out lines 34 and 35 and insert--
("(b) a direction under section 19 or 20 which has been given but not complied with before its execution shall cease to have effect.").
Page 20, line 11, at end insert--
("( ) In section 36(6), for the words before paragraph (a) substitute--
"(6) Where, in the case of any trust, there are not more than three trustees-".").
Page 20, line 11, at end insert--
("( ) In section 37(1)(c), for the word "individuals" substitute "persons".
( ) In section 39(1), for the word "individuals" substitute "persons".").
Page 20, line 12, leave out ("after the word "appointed" insert "or under section 19(2)(a)") and insert ("for the words "the statutory power" substitute "section 39 of this Act or section 19").
Fiddle
House adjourned at eight minutes before nine o'clock.
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