HC Deb 04 February 1949 vol 460 cc2011-2

Considered in Committee under Standing Order No. 84.—[King's Recommendation signified.]

[Mr. BOWLES in the Chair]

Resolved: That, for the purposes of any Act of the present Session to repeal section seventy of the War Damage Act, 1943, and to make provision with respect to war damage to immovable property, goods and commodities which belonged to certain undertakings or in which both such undertakings and others had interests and to war damage causing obstruction in waterways, it is expedient to authorise—

  1. (a) the issue out of the Consolidated Fund to any Account established under the said Act of the present Session (in this Resolution referred to as "the Act") of sums which are at any time required, and which the moneys then standing to the credit of the Account are insufficient to provide, for making payments required by the Act to be made out of the Account in respect of war damage to land, goods or commodities so related to public utility undertakings as defined in the Act as may be therein specified, or in respect of war damage causing an obstruction in a waterway or in the approaches thereto, being damage notified in accordance with arrangements in that behalf made for the purposes of consultations as to the amounts of such payments had between the Treasury or other Government departments and bodies concerned or representative organisations;
  2. (b) any increase in the sums required to be issued out of the Consolidated Fund by virtue of section two of the Miscellaneous Financial Provisions Act, 1946, attributable to any provision of the Act (including any retrospective provision) for—
    1. (i) applying the provisions of the War Damage Act, 1943, as to payments under Part I thereof in respect of war damage to land in relation to war damage to a hereditament occupied as mentioned in section seventy of that Act;
    2. (ii) treating as a payment under a policy issued under the business scheme operated under Part II of the War Damage Act, 1943, and as such a payment by the Board of Trade as is mentioned in the said section two, any payment for satisfying a right conferred by the Act to receive, in respect of war damage to goods of an undertaking other than a public utility undertaking as defined in the Act which was a public utility undertaking as defined for the purposes of the said section seventy, the equivalent of the indemnity which the body carrying on the undertaking would have been entitled to receive if they had insured the goods under the said scheme;
    3. (iii) treating as such a payment by the War Damage Commission or the Board 2012 of Trade as is mentioned in the said section two any payment by the said Commission or Board in respect of war damage causing an obstruction in a waterway or in the approaches thereto;
    4. (iv) excluding the operation of section fourteen of the War Damage Act, 1943, where the enactment relevant for the purposes of that section is an enactment in an Act embodying a scheme for the carrying on of any industry, or part of an industry, under national ownership or control;
    5. (v) extending to grants payable under section thirty-eight of the Civil Defence Act, 1–939, the provisions of section seventy-four of the War Damage Act, 1943, as to grants payable under section twenty-two of that Act;
    6. (vi) treating as such a payment by the Board of Trade as is mentioned in the said section two a payment of interest made by virtue of any amendment by the Act of subsection (5) of section eighty-five of the War Damage Act, 1943 (whether in its primary operation or as applied by regulations under section ninety-five of that Act or as applied by the Act) so as to render interest at the rate mentioned in that subsection payable in the case of early settlements under or by reference to the business scheme where the date of the settlement is after the twentieth day of October, nineteen hundred and forty-six;
    7. (vii) amending the provisions of the War Damage Act, 1943, for determining whether any plant or machinery is to be treated, in relation to any land, as land or goods;
    8. (viii) treating as such a payment by the War Damage Commission as is mentioned in the said section two any payment, or interest on a payment, by the War Damage Commission in respect of war damage to land so related to a public utility undertaking as defined in the Act as may be therein specified, being damage affecting an interest in the land other than that of the body carrying on the undertaking;
  3. (c) the payment out of moneys provided by Parliament of any increase resulting from any provision of the Act (including any retrospective provision) in the sums which, under Part I or Part II of the Local Government Act, 1948, fall to be paid out of moneys so provided, and of any increase in the sums payable out of moneys so provided under section eighty-two of the War Damage Act, 1943, resulting from any application by the Act of the provisions of that section in relation to any liability of the Public Works Loan Commissioners under the Act;
  4. (d) the raising under the National Loans Act, 1939, of any money required for the purpose of providing sums issued out of the Consolidated Fund under paragraph (a) of this Resolution."—[Mr. Glenvil Hall.]

Resolution to be reported upon Monday next.