HC Deb 05 June 1947 vol 438 c554
The Solicitor-General

I beg to move, in page 87, line 28, at the end, to insert: 5. Where the ploughing-up of permanent pasture or the carrying out of any other act of cultivation is reasonably necessary in consequence of the giving of a direction, this Schedule shall apply as if the ploughing-up or other act of cultivation were required by the direction and specified therein; and subsection (5) of section fifteen and subsection (5) of section ninety-two of this Act shall be construed accordingly. The Schedule says that where a direction has been served which requires the ploughing-up of permanent pasture, the person on whom the direction is served shall not, by virtue of compliance with that direction, become liable in certain instances to damages or be under any responsibility to pay compensation. This Amendment is made necessary by the Amendments moved to Clause 92. The Minister under Clause 92, as amended, can now give directions saying that not more, than a certain amount shall be used for grassland. The consequence of that might be that permanent pasture would have to be ploughed up. This Amendment therefore says that where permanent pasture has to be ploughed up, not as a direct compliance with a direction, but as a reasonable consequence of doing what the direction enjoins, then the person to whom the directions is given shall be under the same immunity in respect of damages as he would have been if the direction had directly enjoined the ploughing up of that permanent pasture. It is consequential to the Amendment to Clause 92, and it is a measure of justice.

Amendment agreed to