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Clause 59—(Access Agreements)

Volume 467: debated on Tuesday 19 July 1949

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I beg to move, in page 46, line 35, to leave out "either," and to insert:

"of either or both of the following descriptions, that is to say."
This Amendment, and the Amendment proposed in the next line, to leave out "or" and to insert "and," provide that in assessing compensation payment may be made in respect of the making of an access agreement both in consideration of the making of the agreement and by way of contribution in regard to the expenditure incurred by the person making the agreement. In Section 59 (2), as it stands, these two methods of compensation are alternative; but it is recognised that there may be a case where both types of payment ought to be made. There is an Amendment on the Order Paper in the name of the right hon. Gentleman on the same lines, but I think that this way of doing it is preferable as a matter of drafting.

4.30 p.m.

The same point had occurred to me. As the Clause was drafted, it appeared that these payments which are enabled are mutually exclusive of one another; that is to say, a person could be paid for one but not for the other. I had put down an Amendment later to secure the same effect as this Amendment. I am obliged to the right hon. Gentleman for accepting the suggestion.

Amendment agreed to.

Further Amendment made In page 46, line 36, leave out "or," and insert "and."—[ Mr. Silkin.]

Clause, as amended, ordered to stand part of the Bill.