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Clause 51—(Saving For Agreements)

Volume 411: debated on Wednesday 30 May 1945

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I beg to move, in page 38, line 5, at end, insert:

"(3) Where, whether before or after the commencement of this Act and in connection with the construction of any Government war works on any land, an undertaking in writing that the works shall be removed or the land restored has, whether during, before or after the time of the construction thereof, been given by or on behalf of any Minister to any society or body concerned with the preservation of amenities enjoyed by the public or to any local authority, no Minister, local authority or combination of local authorities shall, by reason only of the construction of the works, be entitled to acquire the land or any interest in or rights over that land under Part II or Part V of this Act without the consent of that society or body or authority."
During the Committee stage my hon. Friend the Member for Twickenham (Mr. Keeling) had some criticism of this Clause. The purpose of the Clause was to prevent the Bill being used to override written agreements given at the time of requisitioning. My hon. Friend pointed out that the Clause covered agreements with persons having an interest in the land; but, in his view, it did not go far enough, because there were cases where undertakings had been given in writing to societies interested in amenity questions, to local authorities, and possibly to other similar bodies. We have drafted this Amendment to meet my hon. Friend's point.

My right hon. Friend the Financial Secretary pointed out during the Committee stage that assurances given to local authorities or to amenity societies, unless they happened to be the owners of the land in question, were not enforceable, because there was no consideration, and he went so far as to suggest that because they were not enforceable they could be torn up if the owner of the land did not want them carried out. The Committee took strong exception to that view, and I am glad that the Government have accepted the criticism of the Committee and have, by their Amendment, given statutory force to undertakings given to local authorities and to amenity societies to remove war works or restore the land.

Amendment agreed to.