HC Deb 29 July 1937 vol 326 cc3481-3
Lords Amendment

In page 9, line 30, after "payment" insert: otherwise than by virtue of an assignment. (2) Where in any year there has occurred or occurs, at any time before the fourth day of June, a change in the occupation of a farm which, at the time of the change, comprised or comprises land under wheat, land under oats or land under barley, and the outgoing occupier is, by virtue of any custom or agreement, entitled to harvest any of the wheat, oats or barley, the appropriate Minister, upon application made to him by or on behalf of the outgoing occupier, may give directions for all or any of the following purposes, that is to say:—

  1. (a) for determining the person or persons by whom any election for that year which may be made in respect of the farm under section seven of this Act, or any application under section nine of this Act for any subsidy payment which may be made for that year in respect of the farm, must be made in order to be effective;
  2. (b) for requiring any such election to be approved by the appropriate Minister iu order that it may be effective;
  3. (c) for securing, in a case where the outgoing occupier has the right to harvest the oats or barley or any part thereof, that the outgoing occupier will receive the whole or part of any such subsidy payment according as the appropriate Minister may determine;
and if and so far as, by virtue of any such directions as aforesaid, anything which under section six, section seven or section nine of this Act would otherwise fall to be done to or by the person who at the beginning of the fourth day of June was the occupier of a farm falls to be done to or by some other person, that section shall have effect as if any reference therein to the person who at the beginning of the said day was the occupier of the farm were, or as the case may be, included, a reference to that other person, and subsection (1) of this section shall be construed accordingly.

Mr. Deputy-Speaker

I have to call the attention of the House to the fact that this Amendment raises a question of Privilege.

Mr. W. S. Morrison

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

The object of the first part is to make it clear that this Clause does not refer to assignments. The purpose of the Clause is to ensure that if by death, bankruptcy or any other inevitable operation of law someone other than the actual owner of the farm stands in his shoes he shall be entitled to the benefit of the Bill. But it is not intended that by virtue of an assignment the title should pass. There is some doubt as to whether the Clause, if unamended, would have given that power, but it is necessary to put it beyond all doubt, and these words have that effect. The new Sub-section covers changes in occupation in certain circumstances.

Mr. Alexander

I am not quite clear whether the Amendment moved in another place was moved by the Government or not. I would like to know that.

Mr. Morrison

Yes, Sir. It was moved by the Government.

Question put, and agreed to.—[Special Entry.]

Lords Amendment

In page 10, line 30, at the end, insert:

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