HC Deb 07 July 1947 vol 439 c1837

(1) For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of this Act, or by any local Act passed at any time during the present Session of Parliament, for authorising of regulating any development of the land

(2) Without prejudice to the generality of he foregoing provision, references in any enactment contained in a local Act (including any such Act passed as aforesaid) to Part II of the Town and Country Planning (Scotland) Act 1945, shall be construed—

  1. (a) in relation to compensation payable on a compulsory acquisition of land thereunder in pursuance of a notice to treat served before the passing of this Act, as a reference to the said Part II as amended by this Act;
  2. (b) in relation to compensation payable on a compulsory acquisition of land thereunder in pursuance of a notice to treat served after the passing of this Act. as a reference to Part III of this Act:
Provided that no such enactment shall, by virtue of this Subsection, be construed as excluding the application of the said Part III in relation to compensation payable in respect of any compulsory acquisition of land.—[The Lord Advocate.]

Brought up, and read the First time.

The Lord Advocate

I beg to move, "That the Clause be read a Second time."

This new Clause is in substitution of the present Clause 31, which we think could be improved. At present, it is not quite clear from the wording whether the other enactment referred to is one which will be in force when the Bill becomes law. Moreover, the original Clause 31 made no provision for amending the references to Part II of the 1945 Act. This also is provided for. The new Clause is simply a clarification of the original Clause.

Clause read a Second time, and added to the Bill.