§ (1) Where the Commissioners propose to purchase land compulsorily under this Act, they may submit to the Development Commissioners a draft 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, mid shall incorporate the Lands Clauses Acts and Sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845, or, in Scotland, Sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845, and those Acts shall apply accordingly, subject to the following modifications;
- (a) Any question as to whether such land shall be compulsorily acquired and 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:
- (b) An arbitrator so 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:
- (c) In determining the amount of any disputed compensation under any such order, no additional allowance shall be made on account of the purchase being compulsory, and the arbitrator shall have regard to the extent to which the remaining and contiguous lands and hereditaments belonging to the same proprietor may be benefited by the carrying out of the purpose for which the land is authorised to be acquired by the Commissioner:
- (d) The provisions of the Lands Clauses Acts as to the sale of superfluous land shall not apply.
§ Amendments made: In Sub-section (2), After the word "Acts" ["Lands Clauses Acts"], insert the words "except such of those provisions as relate to the sale of superfluous land."
§ Leave out from the word "accordingly" ["those Acts shall apply accordingly"] to the end of the Sub-section.
§ Schedule, as amended, ordered to stand part of the Bill.
§ Motion made, and Question proposed, "That the Bill, as amended, be reported."
I want to thank the hon. and gallant Gentleman for having met me in the manner he has this afternoon. I can say that the Bill, from the point of view of Scotland, is very much more acceptable than when it was introduced.
§ Question put, and agreed to.
§ Bill reported.
§ As amended, considered.