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6.
The effect of removing the restraint upon anticipation which is imposed on the life interest of Countess Mountbatten Would Paget 95366her, in a variety of wayPage158f366 capital sum available for her immediate use. For example, she could obtain a capital sum from an insurance company, by assigning to them the whole or part of her future income from the estate the company effecting an insurance on her life. Furthermore, as soon as both Countess Mountbatten's children, who are entitled to an interest in the estate of her grandfather after her death, attain full age (which will be next year) it would be open to Countess Mountbatten and her children by mutual agreement to distribute both the capital and the income of the estate amongst themselves in any way they wished. The adoption of either of these expedients would result in a saving of income tax and surtax to Countess Mountbatten, and there would also be a contingent saving of estate duty on her death. I will mention these matters more fully later.
7.
The procedure on Personal Bills in the House of Lords has always been of a quasi-judicial nature. Until a few years ago it was the practice for the Lord Chancellor to refer the Bill to two Judges of the Chancery Division for their opinion as to its propriety and expediency. On receipt of a favourable report the Bill was formally introduced by the Lord Chancellor and usually passed without debate. Occasionally a Second Reading was refused on the ground that the Bill was not in the public interest e. g. because it ought to be carried out by a general amendment of the law and not by a Personal Bill.
Thus
a Personal Bill to enable a man to marry his divorced brother's wife was refused on this ground.
8.
Under the present procedure (in force since 1945) the petition for a Personal Bill (which is invariably introduced in the House of Lords) is referred to a Special Personal Bills Committee, mainly composed of Judges, before whom the promoters of the Bill may be represented by Counsel. The points on which this Committee must be satisfied may be summarised as follows:-
9.
(a) that the objects of the proposed Bill are not in
(b)
(c)
(a)
conflict with public policy;
that the benefits to be conferred are peculiar to the
petitioner and that, therefore, the interests of the general public are not affected;
that the consent of all persons principally concerned in the consequences of the Bill can be obtained and. that the interests of infants affected are safe- guarded;
that the objects to be obtained can only be achieved by means of a Personal Bill and not by any other instrument or form of enactment.
If the Committee is satisfied on all the points mentioned the Chairman of Committees signs a copy of the Bill
The Bill1 and the Report of the Committeo is made to the House.
Under the new may then be presented and read a first time. procedure there is rarely, if ever, any discussion of the Bill in the House.
the Bill
10.
In the House of Commons the procedure on a Personal
After a formal Bill is identical with that on a Private Bill. introduction and First Reading the Chairman of Ways and Means moves the Second Reading, and, in normal circumstances, is thereupon referred to an Unopposed Bills Committee. Chairman may, however, in an appropriate case, treat the Bill as an Pages Band it will then be considered by the Opposed
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