Clause 69 - Protection of trustees and personal representatives

Part of Adoption and Children Bill – in a Public Bill Committee at 11:15 am on 6 December 2001.

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Photo of Elfyn Llwyd Elfyn Llwyd Shadow PC Spokesperson (Home Affairs), Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Communities and Local Government), Shadow Spokesperson (Culture, Media and Sport), Shadow Spokesperson (Defence) 11:15, 6 December 2001

May I raise a matter that seems, on reflection, to be slightly odd? I understand subsection (3) with respect to tracing, but if the property is sold

''into the hands of another person'' under the clauses in question the disaffected person cannot recover at all. The trustee is immune—full stop. If the property is sold on in good faith, the disaffected person has, it seems to me, no right of action. Perhaps the Minister would reflect on that. I do not expect an immediate answer, but it would be interesting to know.