Land Registration Bill [Lords] – in a Public Bill Committee at 9:50 am on 13 December 2001.
Bill Cash
Shadow Attorney General
9:50,
13 December 2001
I beg to move amendment No. 60, in page 26, line 27, leave out from 'only' to 'may' in line 29 and insert 'a person who can demonstrate that he is entitled to be the benefit of the caution.'.
Eric Illsley
Labour, Barnsley Central
With this it will be convenient to discuss amendment No. 61, in page 26, line 27, leave out from 'only' to 'may' in line 29 and insert 'a person who can demonstrate that he is entitled to be the benefit of the caution.'.
Bill Cash
Shadow Attorney General
This is a short point. In essence, the amendments would ensure that all those who are entitled to the benefit of a caution are in a position to object to an application to cancel a caution and that all those who are entitled to the benefit of a notice are able to object to an application to cancel a unilateral notice.
Michael Wills
Parliamentary Secretary, Lord Chancellor's Department, Parliamentary Secretary (Lord Chancellor's Department)
Amendments in another place widened clause 73 to enable the Lord Chancellor to make rules to specify who is entitled to make such an objection beyond the person who lodged the caution in the first place. Although detailed consideration has yet to be given to the content of those rules, I am happy to assure the hon. Gentleman that they will include those who can establish that they would be entitled to benefit from a caution. We must give careful thought to the detail. Where common situations arise it might be possible expressly to address the situation in the rules, listing the specific persons who will be able to apply. Equally, the rules might say instead or as well that objections may be made by any person who satisfies the registrar that they are entitled to object.
I hope that the hon. Member for Stone will agree that in situations that are often complex it is important to preserve flexibility, and the clause as currently drafted provides that. For that reason and in the light of the assurance on the making of rules that I have given, I hope that the hon. Gentleman will now withdraw the amendment.
