CLAUSE 11.—(Validity and date of operation of clearance orders and compulsory purchase orders.)

HC Deb 30 July 1930 vol 242 c657

Lords Amendment: In page 10, line 11, leave out from the word "Sederunt" to the word "that" in line 18. and insert: so, however, that the application shall be dealt with in a summary manner, and where such application is duly made the court—

1. (i) may by interim order suspend the operation of the order either generally or in so far as it affects any property of the applicant until the final determination of the proceedings; and
2. (ii) if satisfied upon the hearing of the application."

The UNDER-SECRETARY of STATE for SCOTLAND (Mr. Johnston)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

Perhaps a word or two is necessary to explain the purpose of this Amendment. When a compulsory purchase order is challenged in the Law Courts, as the Bill left this House power was taken to suspend entirely the operation of the order until the Court of Session had given a final decision. In another place an Amendment was made to give power to the Court of Session to suspend only that part of an order which an individual owner may challenge in the courts, and to permit the other part of what may be a very large scheme to proceed while the court itself is determining the particular challenge.