CLAUSE 8. — (Provisions for securing the public interest in the making of payments.) (Hansard, 25 February 1941)

§ Captain Crookshank
I beg to move, in page 6, line 30, to leave out "to the Commission directions,"and to insert "directions to be observed by the Commission."
This is really consequential on the Amendment which we moved in page 1, line 16. It is necessary, as the directions referred to in that Clause are to be converted into regulations, to insert words at the beginning of this Clause to oblige the Commission to observe the directions made under that Sub-section.

§ The Attorney-General
I beg to move, in page 6, line 35, after "services," to insert: and of agriculture, the preservation of amenities. This answers two points that were raised in regard to Clause 8, it having been pointed out that it was desirable to have an express reference to agriculture and also to amenities. Both these suggestions have been adopted in this Amendment.

§ The Attorney-General
I beg to move, in page 6, line 38, to leave out from"and,"to the end of line 39, and to insert such other matters as may be prescribed. This ensures that the extra matters shall be prescribed, and, under the definition Clause, that means prescribed by Regulation, so that they will come before the House.

§ Captain Crookshank
I beg to move, in page 6, line 41, to leave out "such," and to insert: the London, Edinburgh and Belfast Gazettes or such of them as may be appropriate in the case of the notice in question, and in such other. This Amendment was on the Order Paper in the name of the hon. Member for South Croydon (Sir H. Williams) but was not called. However, we should have accepted it then, so I move it now.

§ Captain Crookshank
I beg to move, in page 7, line 42, at the end, to insert: Provided that the power conferred by paragraph (a) of this Sub-section shall not, except in relation to a sum paid during the period whilst the Emergency Powers (Defence) Act, 1939, continues in force, extend to the imposition of any condition as to the location of any substituted building. On the Committee stage there was some criticism to the effect that the powers conferred under Sub-section (3) of this Clause were too wide in regard to the powers taken for imposing conditions as to the location of buildings. My right hon. Friend said that he proposed to limit this particular power for the period of the war, and this Amendment is moved in order to carry out that assurance.

§ The Attorney-General
I beg to move, in page 8, line 7, at the end, to add: ( ) The provisions of the Land Charges Act, 1925, shall apply to a notice published 404 under Sub-section (2) of this Section specifying a particular area (in this Sub-section referred to as ' the specified area ') as if the notice were a local land charge, and the notice shall be registered accordingly by the proper officer of the council of any county borough or county district the area of which comprises the specified area or any part thereof, or, if the specified area or any part thereof is comprised in the City of London or any other part of the administrative county of London, by the proper officer of the Common Council or of the London County Council, as the case may be It shall be the duty of the Commission, as soon as may be after they have published any such notice as aforesaid, to inform the proper officer of any such council as aforesaid, the area of which comprises the specified area or any part thereof, of that fact, and to furnish to him any information relating to the notice requisite for enabling him to discharge his functions under this Sub-section. Under Clause 8 (2) the Commission have power to declare, in regard to certain areas, that they must be notified before any work is done. This Amendment provides that any notice of that kind shall be registered in the same manner as a local land charge. That will enable anybody who is thinking of taking a mortgage on property in the area, or who is otherwise interested in property there, to know that that area is subject to requirements under Clause 8(2).

§ Captain Crookshank
I beg to move, in page 8, line 7, at the end, to add: ( ) In determining whether, and the manner in which, any of the powers conferred upon the Commission by this Section is to be exercised in cases in which it appears to them that an exercise of the power would be likely to affect the exercise by a local or public authority of any of their functions the Commission shall afford' to the authority, or, where the matter in question is one in which a number of such authorities are concerned, to such representative body as appears to the Commission to be appropriate, an opportunity of making representations to them, and the Commission shall consider any representation made to them by any such authority or body with respect to the exercise by the Commission of any of the said powers, and any such authority shall at the request of the Commission furnish them with any information in the possession of the authority which the Commission may reasonably require in connection with the exercise by them of any of the said powers. This Amendment proposes the addition of another sub-paragraph which requires the Commission to give an opportunity for representations by any local authority on matters which affect the exercise of the 405 function of that authority or authorities. This is a point which was raised by the hon. Member for North Battersea (Mr. Douglas) and the hon. Member for North Camberwell (Mr. Ammon) on the Committee stage. This Amendment therefore deals with consultation between the Commission and the local authority. Of course, there will also be the necessary consultations between the Treasury and local authorities, but that can be done in the normal way through the Ministry of Health.