Skip to main content

Clause 1—(Payments By Reference To Established Claims)

Volume 530: debated on Tuesday 13 July 1954

The text on this page has been created from Hansard archive content, it may contain typographical errors.

I beg to move, in page 3, line 14, at the end, to insert:

(6) References in this Act to the amount of an established, claim are references to the amount determined, whether before or after the commencement of this Act, under Part VI of the principal Act as being the development value of the interest in land to which the claim related:
Provided that the provisions of the First Schedule to this Act shall have effect for the purpose of determining that amount; and where that amount was determined at a time before the commencement of this Act as an amount less or greater than it would have been apart from the provisions of the said First Schedule, that determination shall be deemed not to have been made.
This is a minor Amendment of a drafting character, and I ask the House to accept it.

Surely this is more than a minor drafting Amendment. It does away with Clause 2 as it now stands, and is in substitution of that Clause. I would say that it is to be preferred to the existing words, but whether it is correct to call it a drafting Amendment, I do not know.

It is a drafting Amendment because subsection (6) which it proposes to add to the Clause replaces subsections (1) and (2) of Clause 2. Subsection (3) of Clause 2 is embodied in the lastsix lines of the proposed new subsection (4) of Clause 3. Perhaps it is rather difficult to explain, but it has to come here because if the Amendments to Clause 3 are passed by the House, then Clause 2 must disappear as some of it goes into Clause 1 and some into Clause 3. It is consequential on something at which we have not yet arrived. It is logically right to pass it here, because if we pass Clause 3 it is necessary to have this Amendment.

Amendment agreed to.