Select Committee on Legislation and Security debate -
Wednesday, 13 Mar 1996

SECTION 18.

Dr. Woods

I move amendment No. 44:

In page 14, lines 36 to 39, to delete subsection (6) and substitute the following:

"(6) In this section ‘purchaser' includes a lessee or mortgagee, or an intending purchaser, lessee or mortgagee, or other person, who, for valuable consideration, takes or deals for property; and purchase has a meaning corresponding with that of purchaser.".

This amendment reflects a desire by the Law Society to maintain in this legislation the same definition of purchaser as has traditionally been used and which finds its origins in the Conveyancing Act, 1882. I propose the definition in section 18 be the same as in the Conveyancing Acts which are directly relevant to this part of the Bill.

Mr. Taylor

The question of reverting to the definition of purchaser as contained in the Conveyancing Act, 1882 has been discussed with the parliamentary draftsman. In the draftsman's view the definition in section 18(6) of the Bill is a modern rendering of the 1882 Act's definition and does not significantly differ from it. The modern definition is identical with that used in corresponding provisions of the Northern Ireland Powers of Attorney Act, 1971, and has caused no difficulties for conveyancers. I regret, therefore, I cannot accept the amendment.

Amendment, by leave, withdrawn.

Section 18 agreed to.

Sections 19 and 20 agreed to.