HC Deb 01 November 1949 vol 469 cc273-5
Mr. G. Brown

I beg to move, in page 9, line 31, at the end, to insert: (4) In respect of the transfer of land under this section, compensation shall be paid to the Minister and to the verderers of such amount as may be determined by the said Ministers after consultation with the verderers, being, in the case of compensation to the verderers, the amount so determined to represent the capital loss from the interference with the rights of the commoners. These are matters which were left out of the Bill for Privilege reasons in the earlier stage.

Amendment agreed to.

Further Amendment made: In page 10, line 19, at end, add: (7) In respect of the power conferred by the last foregoing subsection, compensation shall be payable to the verderers for the interference with the exercise of the rights of the commoners, whether over the land authorised to be enclosed or other land, being compensation of such amount as may be determined by the said Ministers after consultation with the verderers to represent the capital loss from the said interference, and in determining the said amount regard shall be had, among other matters, to the extent to which that interference will be lessened by the provision of crossings. (8) Compensation payable under subsection (4) of this section shall be payable on the transfer giving rights to the compensation, and compensation payable under the last foregoing subsection shall be payable on the date appointed under subsection (5) of this section. (9) If under the said Acts of 1936 and 1946 the existing trunk road is altered so as to include any part of another road in the Forest, and thereby any land in the Forest vests in the Minister of Transport, the foregoing provisions of this section shall apply as if the land had then been transferred to him under subsection (1) of this section: Provided that—

  1. (a) no compensation shall be payable to the Minister; and
  2. (b) in determining compensation to the verderers the said Ministers shall have regard to the extent to which the rights of the commoners had been interfered with by reason of the existence of the said other road before it became part of the trunk road as well as to the other matters to which under the foregoing provisions of this section they are required to have regard.
(10) Any compensation payable under this section shall be paid out of the Road Fund."—[Mr. G. Brown.]

Clause, as amended, ordered to stand part of the Bill.