HC Deb 06 May 1943 vol 389 cc426-8
The Lord Advocate

I beg to move, in page 19, line 3, to leave, out: to the sale of superfluous land and. The Amendment arises in this way. Under the old Lands Clauses Act under which land is acquired by authorities, if it ultimately turns out that the authority has bought too much land, then the original seller of the land has the right to get the first refusal of land being resold. In more recent times that provision has been dropped, and under the Bill as it stands there was no such right of preemption. But examination of the position convinced us that the position of the Highlands area is very different from what it is in a large town where there are very numerous holders of land, or even in a more closely settled country district. We thought it right in the particular circumstances in which large tracts of land are necessarily under the ownership of the same person that this right of pre-emption should operate there.

Amendment agreed to.

The Lord Advocate

I beg to move, in page 19, line 8, to leave out from "than," to "days," in line 9, and to insert "seven."

The Bill as it stands provides for only three days' notice to go on to land which the Board has to enter, and we think that is not long enough. We wish accordingly to put in "not less than seven" to enable the Board to give a good deal more notice in circumstances where that is appropriate.

Amendment agreed to.

Mr. Douglas (Battersea, North)

I beg to move, in page 19, line 40, after "thing," to insert: which has been or which may at any time be. This Amendment can be explained in a very few words. Paragraph 6 as it stands provides that in assessing compensation for land which is acquired by the Board no account is to be taken of anything done by the Board in the exercise of their powers under Subsection (4) of Section 8 of this Act, which gives them powers to construct various works. Evidently, as the paragraph stands, it applies only to things which have been done up to the time when the compensation is assessed. The object of this Amendment is to ensure that in assessing compensation no account shall be taken of the prospect of works which may be carried out by the Board. Obviously, this also ought not to affect the amount which has to be paid in compensation.

The Lord Advocate

I can assure my hon. Friend that there is no possibility, under the present drafting, of compensation being inflated by reason of the fact that the Board might in the future put valuable works on the land. If you take together the terms of the Acquisition of Land Act, 1919, and the terms of this particular paragraph, I think that would become clear. But I would draw my hon. Friend's attention to the last three lines of the paragraph, which say: The value of the land shall be computed by reference to the circumstances existing at the date of the notice given. … That plainly excludes any betterment or improvement made on the land after that date. Perhaps with that assurance my hon. Friend will be satisfied.

Mr. Douglas

Would the Lord Advocate explain this? I appreciate that this cannot possibly relate to improvements which have been made on the land, but is he sure that the prospect of future improvements does not affect the valuation?

The Lord Advocate

As the hon. Member knows, special adaptability was ruled out by the 1919 Act. I really do not think there is any fear.

Mr. Douglas

With that assurance, I beg to ask leave to withdraw the Amendment.

NEW SCHEDULE.—(Adaptations and Modifications of provisions of the Electricity (Supply) Acts, 1882 to 1936, and of the Schedule to the Electric Lighting Clauses Act, 1899.)
Part I.
Adaptations and modifications of the provisions of the Electricity (supply) Acts, 1882 to 1936.
1. The expression "the Board" means the North of Scotland Hydro-Electric Board and for any reference in the said provisions to the Central Electricity Board there shall be substituted a reference to the Board.
2. The sections of the said Acts specified in the first column of the following Table shall be adapted and modified in the manner specified in the second column of that Table:
Adaptations and Modifications.
The Electric Lighting Act, 1882.
Section three … … The section shall not apply to the Board.
Section four … … The section shall not apply to the Board.
Section nine … … The section shall not apply to the Board.
Section twelve … … Paragraph (1) of the section shall not apply to the Board.

Amendment, by leave, withdrawn.

Schedule, as amended, agreed to.