HC Deb 08 October 1909 vol 11 cc2408-11

(1) Where an advance is made under this Part of this Act for any purpose which in- volves the acquisition of land, the Department, body, or persons to whom the advance is made, may acquire and hold land for the purpose, and where they are unable to acquire by agreement on reasonable terms any land which they consider necessary, they may apply to the Commissioners for an order empowering them to acquire the land as if authorised to do so by a special Act of Parliament incorporating the Lands Clauses Acts, and if the Commissioners make such an order those Acts shall apply accordingly subject to the following modifications:—

  1. (a) Any question of disputed compensation shall be determined by a single arbitrator, who shall be appointed, and whose remuneration shall be fixed, as respects England, by the Lord Chief Justice of England, as respects Scotland, by the Lord President of the Court of Session, and, as respects Ireland, by the Lord Chief Justice of Ireland, and the arbitrator so appointed shall be deemed to be an arbitrator within the meaning of those Acts:
  2. (b) An arbitrator appointed may, notwithstanding anything in the Lands Clauses Acts, determine the amount of costs, and shall have power to disallow, as costs of the arbitration, the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers have been caused or incurred unnecessarily:
  3. (c) In determining the amount of any disputed compensation no additional allowance shall be made on account of the purchase being compulsory:
  4. (d) The provisions of the Lands Clauses Acts as to the sale of superfluous land shall not apply.

(2) In construing the Lands Clauses Acts for the purposes of this Section this Part of this Act together with the order shall be deemed to be the special Act and the Department, body, or person to whom the advance is made shall be deemed to be the promoters of the undertaking.

(3) No land shall be authorised by an order under this Section to be acquired compulsorily which, at the date of the order, forms part of any park, garden, or pleasure ground, or forms part of the home farm attached to and usually occupied with a mansion house, or is otherwise acquired for the amenity or convenience of any dwelling-house, or which at that date is the property of any local authority, or has been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking, or is the site of an ancient monument or other object of archælogical interest.

Amendment made: In Sub-section (1), after the word "the" ["they may apply to the Commissioners"], to insert the word "Development."—[Sir Samuel Evans.]

Sir SAMUEL EVANS moved, in Subsection (1), to leave out from the word "land" ["an order empowering them to acquire the land"] in Sub-section (1) to the end of Sub-section (2), and to insert instead thereof the words "compulsorily in accordance with the provisions of the Schedule to this Act."

There are certain conditions laid down in reference to the acquisition of land for certain purposes. We have decided that the same conditions shall apply in both parts of the Bill; therefore, instead of putting the qualifications here, they will come in, with one or two minor additions, in the Schedule.

Amendment agreed to.

Mr. CHARLES M'ARTHUR moved, in Sub-section (3), to leave out the word "or" ["acquired by any corporation or company"].

I further desire, after the word "company," to insert the words "person or body of persons." The object of the Subsection is to protect against compulsory acquisition land belonging to a local authority or which has been acquired by any "corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking." There are public authorities concerned in these undertakings, such as water boards and, in some eases, dock and harbour boards, which are not, properly speaking, corporations or companies. I have no doubt the intention of the framers of the Bill is to include these bodies. In the case of similar exemptions in the Finance Bill the other day these words were specially put in. It was said that the term "statutory company" was to include not merely a corporation, but "any person or body of persons so authorised." Therefore, I think that probably the Solicitor-General will recognise the desirability of putting in similar words in this case if it is to be made clear that these authorties are to come within the purview of the Board.

Sir SAMUEL EVANS

If we were to adopt any other words to make sure of the application of the Clause it would be on the basis of the Small Holdings Act.

Mr. M'ARTHUR

The only point is that I understand that a similar alteration has been made in the Finance Bill, and, if necessary there, it would appear to be necessary in this case.

Sir SAMUEL EVANS

I have not the Finance Bill before me. But I will look into the matter.

Amendment, by leave, withdrawn.

Mr. CHAPLIN moved, at the end of Subsection (3), to add the following words:— (4) The Commissioners in making an order for the compulsory purchase of land shall have regard to the extent of land held or occupied in the locality by any owner or tenant and to the convenience of other property belonging to or occupied by the same owner or tenant, and shall, so far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner or tenant, and for that purpose where part only of a holding is taken shall take into consideration the size and character of the existing agricultural buildings not proposed to be taken which are used in connection with the holding and the quantity and nature of the land available for occupation therewith, and shall also so far as practicable avoid displacing any considerable number of agricultural labourers or others employed on or about the land.

This is another Amendment taken out of the Small Holdings Act.

Sir SAMUEL EVANS

I think I may accept the Amendment of the right hon. Gentleman.

Amendment agreed to.