§ Lords Amendment: In paragraph (1), leave out the words, "An order by the Development Commissioners empowering a Government Department, body, or persons to whom an advance is made under Part I. of this Act, or the Road Board, or a highway authority (in this Schedule 443 referred to as 'the undertakers') to acquire land compulsorily shall," and insert instead thereof,
§ "(1) Where a Government Department, body, or persons to whom an advance is made under Part I of this Act, or the Road Board or a highway authority (in this Schedule referred to as 'the undertakers') propose to purchase land compulsorily under this Act, the undertakers may submit to the Development Commissioners an order putting in force, as respects the lands specified in the order, the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement.
§ "(2) The order shall be in the prescribed form and shall contain such provisions as the Development Commissioners may prescribe for the purpose of carrying the order into effect, and."
§ Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
§ Lords Amendment: In paragraph (1), after "1845" ["Consolidation Act, 1845"], insert the words "or in Scotland Sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845."
§ Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
§ (D) The provisions of the Lands Clauses Acts as to the sale of superfluous land shall not apply.
§ Lords Amendment: In (D), after the word "apply" ["land shall not apply"], insert, "(3) The draft order shall be published by the undertakers in the prescribed manner, and such notice shall be given both in the locality in which the land is proposed to be acquired and to the owners, lessees, and occupiers of that land as may be prescribed and in the case of land forming part of a common, open space, or allotment, also to the Board of Agriculture and Fisheries."
§ Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.
§ Lords Amendment: At the end of paragraph (2), insert, "(5) An order may provide for the continuance of any existing easement or the creation of any new easement over the land authorised to be acquired, and every such order shall, if so 444 required by the owner of the land to be acquired, provide for the creation of such new easements as are reasonably necessary to secure the continued use and enjoyment by such owner and his tenants of all means of access, drainage, water supply, and other similar conveniences theretofore used or enjoyed by them over the land to be acquired.
§ "(6) Where the land is glebe land or other land belonging to an ecclesiastical benefice, the order shall provide that sums agreed upon or awarded for the purchase of the land or to be paid by way of compensation for the damage to be sustained by the owner by reason of severance or other injury affecting the land, shall not be paid as directed by the Land Clauses Acts, but shall be paid to the Ecclesiastical Commissioners to be applied by them as money paid to them upon a sale under the provisions of the Ecclesiastical Leasing Acts of land belonging to a benefice.
§ "The provisions of this paragraph shall not apply to Scotland or Ireland."
§ Sir SAMUEL EVANSmoved, in new paragraph (5), to leave out all the words after the word "acquired" ["easement over the land authorised to be acquired"] to the end of the paragraph.
§ Question, "That the words proposed to be left out stand part of the proposed Amendment," put, and negatived.
§ Question, "Thai this House doth agree with the Lords Amendment, as amended," put, and agreed to.
§ Lords Amendment: In paragraph (3), after the word "easements" ["shall include easements"], insert the words "or in Scotland servitudes."
§ Question, "That this House doth disagree with the Lords in the said Amendment," put, and agreed to.
§ Lords Amendment: At the end of Schedule insert "(7) In this Schedule the expression 'prescribed' means 'prescribed' by the Development Commissioners."
§ Sir SAMUEL EVANS moved at the end of the proposed Amendment to insert the words "In Scotland the word 'easements' shall mean 'servitudes.'"
§ Amendment to Lords Amendment agreed to.
§ Lords Amendment, as amended, agreed to.
445§ Committee appointed to draw up Reason to be assigned to the Lords for disagreeing with the Amendments made by the Lords to the Bill.
§ Committee nominated of the Chancellor of the Exchequer, Lord Robert Cecil, Mr. Masterman, Viscount Morpeth, and the Solicitor-General.
§ Three to be the quorum.
§ To withdraw immediately.—[Mr. Masterman.]
§ Reasons for disagreeing with Lords Amendments afterwards reported, and agreed to.
§ To be communicated to the Lords.—[The Solicitor-General.]