HC Deb 24 July 1931 vol 255 cc1907-8

".Subsection (3) of section thirty-nine of the Small Holdings and Allotments Act, 1908 (which relates to the procedure for compulsory acquisition of land) is hereby repealed and the following provisions shall be substituted therefor: (3)(a) An order under this section shall be of no force unless and until it is confirmed by the Minister, and the Minister may, subject to the provisions of the First Schedule to this Act, confirm the order either without modification or subject to such modifications as he thinks fit. (b) So soon as may be after an order has effect the Minister shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the order has come into force, and naming a place where a copy thereof may be seen at all reasonable hours. (c) If any person aggrieved by an order made by the Minister under this section, desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the publication of the notice mentioned in paragraph (b) hereof, make an application for the purpose to the High Court, and if any such application is duly made, the Court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant. (d) Subject to the provisions of the last preceding paragraph an order shall not at any time be questioned by prohibition or certiorari or in any legal proceedings whatsoever. (e) Except by leave of the court of appeal no appeal shall lie to the House of Lords from a decision of the court of appeal in proceedings under this section.

Dr. ADDISON

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

This is quite impracticable. It means that, where the Minister has made an offer, or where land has been acquired compulsorily, there will be an appeal to the courts against the decision of the House.

Lords Amendment: In page 19, line 36, at the end insert: