Derek McDowell (Labour)

The Registration of Title Act 1964 provides for the registration of ownership of both freehold land and leasehold interests. Leasehold interest is defined as an interest in land under a lease for a term of which more than 21 years are unexpired at the date of registration. It would be desirable to move towards a situation where leases of less than 21 years could also be registered. It is for this reason that I propose to introduce the possibility of changing the 21-year period in the definition of deed in section 31 and the definition of leasehold interest in section 49. In both cases, I am proposing that the registration of deeds and title rules committee be allowed to prescribe a different period.

I am also proposing an amendment to section 62 — amendment No. 49 — in order to add a new subsection which will guide the rules committee in its deliberation on this issue because we must lay down some guidelines to help the committee decide these kinds of issues to ensure we are acting constitutionally. It provides that in determining whether the period should be altered and by how much, the rules committee shall have regard to the authority's function to promote and extend registration of ownership of land and the resources available to the authority for performing this function. These changes trigger consequential changes in sections 69 and 72 of the 1964 Act and are covered by amendments Nos. 38 and 39.