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Clause 42—(Registration And Appor Tionment Of Compensation For Depreciation)

Volume 530: debated on Tuesday 13 July 1954

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Amendment made: In page 46, line 9, leave out "whose interests appear," and insert:

"entitled to an interest in land which appears."—[Mr. H. Macmillan.]

I beg to move, in page 46, to leave out lines 23 to 27.

The purpose of this Amendment is to correct what we believed earlier in our discussions to be a fault in the words we desire to omit. I think that the Minister will remember the point. They impose upon the Lands Tribunal in dealing with matters coming to it from a local planning authority a particular method of treatment of the case, which was not imposed on it when it was dealing with a reference to it of decisions by the Minister.

The words appeared to us, on earlier consideration, to be capable of carrying the interpretation that, in dealing with a reference from a local planning authority, the Tribunal was limited in the method that it could apply and was obliged to place itself in the position of the local planning authority and treat the case as if it came to it de novo. It is with these matters in mind that we think that the deletion of this passage would be advantageous.

The hon. Gentleman raised this point in Committee, as he reminded us, and it was, as I understood it, that there some difference in treatment between the case where the Lands Tribunal apportioned on a reference from a decision by a planning authority and the case where it was the Minister's apportionment that was in question. I then said that I would look carefully into what the hon. Gentleman had said, but that I was advised that the provision in the Clause was precisely parallel with that in Clause 32 (3). All I can say is that I have specially called the attention of my advisers to that question, and that they still adhere to the view that I then expressed. I am glad the hon. Gentleman has reminded me of the point, and if it should be raised in another place we shall certainly look again carefully at it, but I hope that we shall be able to say, with the bellman, that what we have said three times is true.

I cannot complain that this matter has not been investigated, and I therefore beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.