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Clause 13—(Registration Of Rights As To Government Oil Pipe-Lines)

Volume 446: debated on Wednesday 28 January 1948

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I beg to move, in page 11, line 11, at the end, to insert:

"or the prescribed documents of title have been endorsed under the next following Subsection."
This and the following Amendment in line 17, to leave out from "endorsement," to end of line 19, raise a drafting point of some little technicality which might be cleared up. Under Subsection (1) the provisions of Clause 11 will not apply after 31st December, 1949, unless the rights conferred by Subsection (1) have been registered, that is to say, that there is that interval of time after 31st December within which those rights can be exercised if they are registered. It would appear under Subsection (2) that where the prescribed documents of title are endorsed in the prescribed manner there is no limit of time as specified in Subsection (1). That appears to be an omission by mistake. It is rather technical and I do not want to take up time debating it now. If the hon. and learned Gentleman will look at it he will see there is some substance in the point and that the two Subsections want tying up. I shall be glad if he will look at it.

Again I have listened with interest to what the hon. and learned Gentleman has said. We deliberately framed the Clause in the way in which it appears, having in mind that it would he much better and would occasion much less inconvenience to owners of property if the endorsement could be placed on the deeds by their solicitors rather than subjecting them possibly to the considerable inconvenience of having Government solicitors coming to see if they had put it on or requesting them to do it. We hope we shall be able to rely on endorsements on the relevant deeds rather than on the alternative procedure of registration in the local land registry, which would be equally efficacious for the purpose it is designed to achieve, namely, to make it perfectly apparent to any prospective purchaser that this restriction, if it can be so termed, affects the land he contemplates purchasing. I will certainly bear in mind what the hon. and learned Gentleman has said, and I am obliged to him for having raised the point.

I should like to make it clear that it is a question of a time limit. There is a time limit in No. 1 but not in No. 2, and the last three lines of Subsection (2) are the ones which create the difficulty. If the Solicitor-General will look at it again we shall be obliged, and on that understanding I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause ordered to stand part of the Bill.