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Lords Amendment: In page 33, line 7, leave out from the word "Sub-section" to the word "as" in line 9, and insert
if the new use of the property is a use.
§ Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."—[Sir H. Young.]
§ Sir S. CRIPPSI shall be glad if the right hon. Gentleman will explain this Amendment because, as far as I can see, it exactly reverses what was originally in the Sub-section. I understand it no longer applies to land that is arable, meadow or pasture at the time of the making of the plan, but only to land that 1060 is going to become arable, meadow or pasture after the making of the plan, because it is now a new use of the property and not the use at the date of the original plan. I should like to know the reason of the alteration.
Sir H. YOUNGThe situation is a little different from that. This is really no more than a drafting Amendment and it makes no change in the substance of the Bill. As it left us betterment could not be claimed on a change of use from one agricultural purpose to another. It could theoretically have been claimed for a change of use from a non-agricultural to an agricultural purpose, but that would be purely theoretical and almost certainly there would be no betterment in practice in those conditions. The Amendment makes clear the original intention that a claim cannot be made in any case if the new use is agricultural.
§ Subsequent Lords Amendments to page 35, line 6, agreed to.
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Lords Amendment: In page 35, line 8, at the end, insert
Provided that where a disposition is by way of lease or tenancy agreement for a term of less than seven years, the claim shall be made not earlier than the expiration of the seventh year from the date on which that said term commenced.
§ Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."—[Sir H. Young.]
§ Sir S. CRIPPSI understand that this is really by way of extending the period from three to seven years and is giving a further benefit to that extent to the owner of the property. May we understand that is so?
Sir H. YOUNGIt is not quite so. Substantially, the provision is that betterment is to be claimed on the disposition of property by way of lease and the term of the lease upon the granting of which betterment can be claimed is three years. The criticism was made that the period of three years was inadequate in order to provide a test of what the extent of betterment had been. Therefore, an extension has been made of the interval which must elapse before betterment can be claimed. Under this 1061 Amendment, it will not be possible to claim betterment until after the lapse of seven years from the first granting of the lease, but the term of the lease which may give rise to the claim for betterment may still be a lease of three years, so that if one grants a lease for three years the claim will not arise for seven years afterwards.
§ Subsequent Lords Amendments to page 41, line 16 agreed to [Several with Special Entries].