Dáil debates

Wednesday, 3 July 2013

Land and Conveyancing Law Reform Bill 2013: Report and Final Stages

 

3:20 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 4, to delete lines 3 to 5 and substitute the following:

"2. (1) This section applies to land which is the principal private residence of--(a) the mortgagor of the land concerned, or

(b) a person without whose consent a conveyance of that land would be void by reason of--
(i) the Family Home Protection Act 1976, or

(ii) the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.”.
Section 2(1) defines the scope of the section. It currently covers land which is the principal private residence of the mortgagor or a person whose consent for a conveyance would be required under the Family Home Protection Act 1976. On Committee Stage, I undertook to broaden the scope of section 2 to cover the shared homes of civil partners under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The purpose of amendment No. 2, therefore, is to put family homes under the 1976 Act and shared homes under the 2010 Act on the same footing under section 2 of the Bill. Amendment No. 4 is a purely drafting amendment designed to improve the introductory wording of section 2(2).

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