HC Deb 07 July 1947 vol 439 cc1980-1
The Lord Advocate

I beg to move, in page 96, line 23, to leave out Subsection (3) and to insert: and— (c) subject as hereinafter provided, nothing in this Part of this Act shall be construed as exempting from the payment of a development charge any operations carried out on the land by the person entitled to any such interest, or any use of the land by any such person: Provided that paragraph (c) of this subsection shall not apply to any operations or uses of land which are exempted from the payment of a development charge by virtue of any of the provisions of section seventy-eight of this Act.

Mr. Thornton-Kemsley

I want to ask if the right to claim on the compensation fund is preserved. I think it is under Subsection (1) but I want to be clear that the right is preserved.

Mr. Buchanan

I understand it is amply provided for and safeguarded.

Amendment agreed to.

Further Amendments made:

In page 96, line 27, at end, insert: (3) Where any interest in land is compulsorily acquired (whether before or after the appointed day) in pursuance of a notice to treat served after the passing of this Act, and the compensation payable in respect thereof falls to be calculated in accordance with any of the provisions of sections forty-seven to forty-nine of this Act, that provision shall apply, subject to any necessary modifications, for the purpose of calculating under Part IV of this Act the restricted and the unrestricted values of that interest, and any calculation of those values previously made thereunder shall be adjusted accordingly. In line 28, leave out Subsection (4), and insert: (4) Subject as hereinafter provided, the foregoing provisions of this section shall apply where an interest in land is acquired by agreement by any authority or person who have power or could be authorised to acquire that interest compulsorily under any enactment, as they apply where an interest in land is compulsorily acquired, and in relation to any such acquisition any reference in those provisions to the service of notice to treat shall be construed as a reference to the making of the contract, and the reference in the last foregoing subsection to compensation payable in respect of the compulsory acquisition shall be construed as a reference to the compensation which would be so payable if the land were compulsorily acquired: Provided that—

  1. (a) the provisions of section forty-eight of this Act shall not apply for the purpose of calculating the restricted and the unrestricted values of any interest acquired as aforesaid except in the cases provided by subsection (2) of that section; or by that section as extended by subsection (1) of section fifty of this Act; and
  2. (b) where any interest in land is acquired as aforesaid before the appointed day in pursuance of a contract made after the passing of this Act, the contract may provide that subsections (2) and (3) of this section shall not apply."—[The Lord Advocate.]