HC Deb 25 June 1947 vol 439 cc621-3

(1) Where any land of a local authority vests by virtue of this Act in an Electricity Board, the local authority shall, for a period of ten years from the date of the vesting of the land, have the right of pre-emption conferred by the subsequent provisions of this section.

(2) If the Electricity Board in whom the land vests by virtue of this Act, or any other Electricity Board to whom it is subsequently transferred, desire within the said period of ten years, to dispose to any person other than an Electricity Board, whether absolutely or for a term of years, of any of that land as being land not required by the Board for the discharge of their functions under this Act, they shall before disposing of it give to the local authority at least three months' notice, stating whether they desire to dispose of it absolutely and, if not, stating the terms of years for which they desire to dispose of it.

(3) Where the local authority receive a notice under subsection (2) of this section and notify the Board, before the expiration of the period of three months from the date of the Board's notice, that they desire to acquire the land either absolutely or for the term of years specified in the Board's notice, as the case may be, they shall have the right and be under an obligation to acquire that land on such terms as may be agreed between the Board and the authority or, in default of agreement, as may be determined by arbitration to be fair and reasonable having regard to all the circumstances of the case.

(4) The right of pre-emption conferred upon the local authority by this section shall be deemed to be an estate contract within the meaning of section ten of the Land Charges Act, 1925, and that Act and the Land Registration Act, 1925, shall have effect accordingly. —[The Solicitor-General.]

Brought up, and read the First time.

1.15 a.m.

The Solicitor-General

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

The new Clause gives the local authority the right within a period of ten years to acquire back land which has been vested in an electricity board in the event of the electricity board desiring to dispose of it. The scheme of the Clause is this: if the board desires to dispose of that land, they must give notice to the local authority from which it was acquired, giving the terms on which they want to dispose of it, whether freehold or for a period of years; and the local authority, having received that notice, are given a right, if they wish to do so to acquire that land on the terms. The scheme is quite simple, and it gives what we feel to be a measure of justice to the local authorities to enable them, when land has been acquired from them and it turns out that it is really not needed, to get it back on terms. It gives them a preferential right so to do.

Mr. R. S. Hudson

I beg to move, as an Amendment to the proposed Clause, in line I, after "authority," insert: or of any company which is not dissolved by this Act. The Amendment seeks to extend a similar right to composite companies. In so far as they retain their gas undertakings, they will be forbidden by law to manufacture gas except on land scheduled. If the electricity company do not want the surplus land, it will be much cheaper for them to buy it back instead of having to go to the expense of getting more land scheduled.

The Solicitor-General

We feel that we can accept the principle of this Amendment, but we feel that we will have to recast it, because the words "composite companies" are used in another context. We do accept the principle of the Amendment, and that acceptance would, of course, affect a number of other Amendments on the Order Paper.

Mr. R. S. Hudson

I am much obliged to the Solicitor-General. In view of his assurance, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause added to the Bill.