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Proceeding contribution from Lord Stewartby (Conservative) in the House of Lords on Monday, 19 January 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Banking Bill.


Banking Bill

I hope that the Minister will have another look at this clause in the light of this debate and the points that have been raised. I think that one matter of language could be improved. When I first read Clause 57(3), I was confused as to what was to be disregarded. The text says that, "““an independent valuer must disregard actual or potential financial assistance provided by the Bank of England or the Treasury (disregarding ordinary market assistance offered by the Bank on its usual terms)””." I was not sure whether this was a double negative, so I looked at the Explanatory Notes, which say, in paragraph 147 on page 22, that the subsection requires the valuer, "““to disregard actual or potential financial assistance provided by the Bank of England or the Treasury (other than ordinary market assistance offered by the Bank on its usual terms)””." The language in the Explanatory Notes seems clearer and would be more easily understood than the text in the Bill. It is only a small change of a word or two, but it would remove the ambiguity.


Secondary information

Type
Proceeding contribution
Reference
706 c1485 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Compensation Codes of practice Assets Bank services Banks Competition Delegated legislation Bank of England Capital Liability Financial services Financial institutions Insolvency Financial Services Authority Private sector Property transfer Public sector Mergers Nationalisation Scotland Small businesses Valuation Treasury
Legislation
Banking Bill 2007-08 to 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk