It is a new section.
SECTION 108.
Question proposed : " That Section 108 stand part of the Bill."
That is what I was going to say—it is an entirely new section. Could we have an explanation of it?
It arises out of the addition of the words " but not including a charge for any rent or other periodical sum issuing out of land " to paragraph (d) of Section 99 subsection (2) of the Bill. The purpose of it is, I think, to avoid having to register rents, or other charges arising at regular intervals. It would be too much of an imposition on the company to require them to register charges of this nature. Referring back to paragraph (d) in Section 99, that section requires the registration of charges on land but not including a charge for any rent or other periodical sum issuing for the rent.
I appreciate that, but I do not like saying in this Bill " shall be deemed never to have applied ". That is a bad method of legislating at any time. That is retrospective legislation in its worst form. I would have to be satisfied beyond question that it was absolutely necessary before I would agree to allow retrospective legislation like that to pass. Have there not been any decisions on that section?
I believe they have it in the UK and in the Six Counties.
They have?
They have this provision.
Have they a provision " deemed never to have applied "?
In the same terms, yes.
Because they have a bad habit, there is no need for us to copy it. Is it not possible to amend this section so that it shall not apply after the date of the passing of this Act where the rent was created before the passing, or subsequently? That is not retrospective. That is giving the protection of this Act.
There is the point that nobody has ever registered these things as charges.
I do not like saying " deemed never to have applied ".
Deputy Sweetman's wording will be on record and I will submit it to the draftsman. I prefer the sound of it myself anyway.
The Minister will have a look at it.
I will.
Question put and agreed to.
SECTION 109.
I move amendment No. 44 :
After " Part " to insert ", including every affidavit a copy of which has been delivered to the company under section 102,”.
This is a drafting amendment, the purpose being to ensure that the section applies to judgment mortgages.
Amendment agreed to.
Section 109, as amended, agreed to.