§ The Lord AdvocateI beg to move, in page 9, line 48, at the end, to insert:
(5) Where under paragraph (c) of the proviso to Subsection (4) of Section three of this Act any land to which a development plan relates is designated as subject to compulsory acquisition in pursuance of an order to which the Statutory Orders (Special Procedure) Act. 1945, applies, then—The proviso to Clause 3 (3) provides that where a development plan has been submitted to the Secretary of State and designates as subject to compulsory acquisition land belonging to a local authority or statutory undertaker, or inalienable land belonging to the National Trust, if objection is taken to the proposed acquisition and is not withdrawn, the land must not be designated except by an order made by the Secretary of State, which is subject to special Parliamentary procedure. The effect of the Statutory Orders (Special Procedure) Act, 1945, is that if objections are made the order under the procedure of that Act applies to those objections, and if they are not withdrawn an inquiry must be held by the Commissioners under the Private Legislation Procedure Act. If the Secretary of State does not accept the findings of the Commissioners, he must present to Parliament a Bill for the confirming of the order. Under Section 6 of the Statutory Orders (Special Procedure) Act, an order must under certain circumstances be confirmed by Act of Parliament, and where that happens under the 1945 Act it is inappropriate that there should be the right to challenge the order in the courts. That really is the point of the Amendment. Accordingly, the present Amendment provides that Clause 8 (2, b) dealing with applications to the court shall not apply to such an order.
- (a) if the order is confirmed by Act of Parliament under Subsection (4) of Section two, as read with Section ten, of the Statutory Orders (Special Procedure) Act, 1945,
1900 or under Section six of that Act, Subsections (2) and (3) of this Section shall not apply to the plan so far as it designates that land; and - (b) in any other case this Section shall have effect in relation to the plan so far as it so designates that land, as if in Subsection (2) for the reference to the date on which the notice required by Subsection (1) is first published there were substituted a reference to the date on which the order becomes operative under the Statutory Orders (Special Procedure) Act, 1945, and as if in Subsection (3) the words from 'and shall become operative' to the end of the Subsection were omitted."
§ Amendment agreed to.