Clause 70 - Meaning of disposition

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 Henry Bellingham Henry Bellingham Conservative, North West Norfolk 11:15, 6 December 2001

I have a few questions. Any legal dictionary or textbook will give a definition of the term ''disposition'' very similar to that in the clause, but I want the Parliamentary Secretary to throw light on one or two points. Subsection (3) states:

''This Chapter applies to an oral disposition as if contained in an instrument made when the disposition was made.''

I hope that the hon. Lady will agree that that is quite clumsy drafting. There may be a technical reason for it. Presumably an oral disposition would have to mean one that was witnessed properly and legally, rather than just casually.

Another point about which I am not too clear is contained in subsection (4), which states:

''The date of death of a testator is the date at which a will or codicil is to be regarded as made.''