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Clause 22—(Interpretation Of Part Ii)

Volume 467: debated on Wednesday 13 July 1949

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I beg to move, in page 17, line 15, to leave out "receiving," and to insert "entitled to receive."

The object of this Amendment, together with the following Amendment, is to give effect to a suggestion made by the hon. Member for Dumfries (Mr. N. Macpherson) in a letter to my right hon. Friend. The hon. Member rightly pointed out that the definition as it stood did not take into account the possibility that the owner might have waived the rent or the tenant might not have paid the rent. Accordingly, it is necessary to extend the definition to embrace those situations. We substitute for the word "receiving" the words "entitled to receive" to give effect to that.

Amendment agreed to.

Further Amendment made: In line 16, leave out "receive the rent of the dwelling," and insert "be so entitled."—[ The Lord Advocate.]

12 m.

I beg to move, in page 17, line 24, after "transfer," to insert:

"testamentary disposition or otherwise."
The purpose of this Amendment is really simple. It is to make certain that testamentary dispositions are included in the phrase, "a transfer by operation of law." It occurred to me it would be unfair, if a beneficiary by will who received a house, had, for that reason, to repay the grant. We must, therefore, make certain that a beneficiary in that way is put in the same position as a beneficiary by intestacy, who obviously, by the operation of law, would not have to sell the house in order to repay the grant.

It certainly was intended that testamentary disposition and deeds of that kind would be included in the expression "a transfer by operation of law." That was not thought to be in any real doubt, having regard to the context in which that phrase appears because, the definition begins by including "alienation by sale, gift, or other transaction or transactions." The hon. Gentleman put this Amendment on the Order Paper very recently. To make sure that testamentary dispositions are included in the expression, "operation of law" we shall look at the matter, and if need be, put down the necessary Amendment in another place.

In those circumstances, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.