CLAUSE 20.—{Extinguishment of private ways, and rights as to apparatus, over or in land purchased for purposes of this Part.) (Hansard, 5 October 1944)

§ Sir J. Lamb
May I discuss the three Amendments standing in my name together, Sir Douglas?

§ The Temporary Chairman
Yes, I think we should discuss all three Amendments together.

§ Sir J. Lamb
I beg to move, in page 25, line 41, after "matters," to insert: subject to any direction given by the purchasing authority before the completion of the purchase that this Section shall not apply to any right or apparatus specified in the direction and. I would like to give an example of what would happen if the Clause is passed as drafted. A local authority might purchase land upon which there is a building containing machinery of a very valuable character to the present owners but not to anyone else, because it is machinery of a particularised character for an industry which will not be carried on by anyone else. Under the Clause as drafted the vendor of that property and machinery would be compensated on the full value personally to himself and not on the value to the person who is buying it. The authority might have to dispose of that machinery themselves, and it would therefore be possible for the man who had sold the machinery at a very fair value to himself to go into the market and re-purchase it at scrap value. The Amendments we have drawn up would obviate that.

§ Sir H. Williams
As I read the Clause, this might apply to the water supply to the factory. There may be a right of way to convey water from one place across the road to that factory. This is not just a case of the Postmaster-General's telegraph wires. It may be a sewer carrying an effluent from a factory, it may be a pipeline carrying water to a factory, it may be electricity mains carrying electricity from a private generating station which has nothing to do with the statutory undertaking. There are all sorts of items which have to be taken into account, and I hope the Minister will look into it very carefully, because a great many legitimate rights may be hampered by the Clause as it now stands.

§ Mr. W. S. Morrison
I will certainly look into the point made by the hon. Member for South Croydon (Sir H. Williams). I gather that the hon. Member for Stone (Sir J. Lamb) seeks to secure that the purchasing authority shall be enabled, before completing the purchase, to direct that the Clause shall not apply to any right or apparatus specified in the direction.

§ Sir J. Lamb
Yes.

§ Mr. Morrison
We think that is sensible. I propose to accept the Amendment, and the two following ones, which are consequential upon it.

§ Mr. W. S. Morrison
I beg to move, in page 26, line 3, to leave out from "1919," to end of Sub-section and to insert: and section forty-five of this Act shall have effect in relation to compensation payable under this section and to loss suffered as therein mentioned, as it has effect in relation to compensation in respect of land injuriously affected by the execution of works on land acquired by a Government Department or a local or public authority and to damage sustained by reason thereof. This is a drafting Amendment to make it clear that the compensation provisions of this Bill apply to this Clause.