Member

Amendment 2 proposes a narrower statutory definition of a thing in action within the Bill. This goes against the general approach of the Bill, and the Law Commission’s approach, which is to avoid dictating categorisation or defining the boundaries of existing categories. Again, it is not consistent with our deliberations over the past few months. As far as Amendment 3 is concerned, on the publication of guidance, the Law Commission deliberately chose not to include specific criteria for a third category in the Bill, and having explored this during consultation, nor did we agree that this was necessary. Requiring the Secretary of State effectively to create and publish such criteria or guidance for judicial consideration resurrects the complexity that we have rejected.