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Clause 10—(Payment Under Case A, B Or C To Person Deriving Title From Original Claim-Holder)

Volume 530: debated on Tuesday 13 July 1954

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I beg to move, in page 13, line 25, to leave out from the second "he," to the end of line 38, and to insert:

  • (a) derives title to the claim holding from a person who would have been entitled to such a payment as aforesaid if that person had continued to be the holder of the claim holding; and
  • (b) became entitled to the claim holding—
  • (i) otherwise than for valuable consideration; or
  • (ii)as mortgagee; or
  • (iii) as assignee under an assignment made on or after the eighteenth day of November, nineteen hundred and fifty-two, which has been approved by the Central Land Board under subsection (2) of section two of the Act of 1953; and
  • (c) has not at any time been entitled in the same capacity both to the claim holding and to the interest in land to which the holding related; and
  • (d) is not entitled to a payment in respect of the holding under Case D.
  • The purpose of this Amendment is to clarify the drafting of Clause 10, which was criticised in Committee, and at the same time to confine payments under the Clause to persons who have not at any time been entitled both to the claim holding and to the land. The new wording brings the Clause into line with Clause 9. Paragraph (d) removes the possibility of overlapping, which was the point raised on Committee.

    Amendment agreed to.

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