HC Deb 29 June 1951 vol 489 cc1802-4
Mr. Lindgren

I beg to move, in page 19, line 13, to leave out from "in," to "the," in line 14, and to insert: the case of such minerals as may be prescribed or determined by or under the regulations (being minerals an interest in which belonged on the appointed day to a person engaged in the development of minerals or treated for the purposes of the regulations as so engaged). This Amendment fulfills an undertaking given by my right hon. Friend to the hon. Member for Wolverhampton, South-West (Mr. Powell) on a point which he made in Committee, and which my right hon. Friend undertook to consider. Having agreed with the substance of what the hon. Gentleman said, we have faithfully put down this Amendment.

Mr. Powell

I am obliged to the Minister for having seen his way to make this Amendment, which is an important one. As the Bill stood, it would have been possible for the Minister, within the limits of the Statute, to make this set-off arrangement not merely in regard to the type of case that we all have in mind, where there was ownership or a lease on the appointed day, but in regard to other cases as well. In fact, it gave him statutorily an unlimited right of off-set. I am glad that the wording now limits the powers of the Minister to the type of case which we all have in mind.

Amendment agreed to.

Further Amendments made: In page 19, line 16, after first "of," insert "the."

In line 16, leave out "and defrayed out of."

In line 19, after "of," insert: any interest in land consisting of or corn prising."—[Mr. Lindgren.]

Amendment proposed: In page 19, line 21, leave out from "for." to end of line 27, and insert: a payment equal to such part of the development value of that interest as may he determined under the said regulations to he attributable to the prospects of development of those minerals, but without prejudice to the provisions of the regulations with respect to the satisfaction of such payments, or to the inclusion in that scheme of provision for a further payment in respect of any such interest in so far as its development value is not determined to be attributable as aforesaid."—[Mr. Lindgren.]

Mr. Powell

Might I suggest that in the last line of this Amendment a slight drafting correction is necessary? I think it will be found that the word "so" is requisite between the word "not" and the word "determined." I think that, on examination, that will be found to be the case.

Mr. Lindgren

I am advised that the wording of the Amendment is correct but, if necessary, I will have the matter put right in another place.

Amendment agreed to.

Mr. Lindgren

I beg to move, in page 19, line 35, at the end, to insert: and for regulating the devolution of the right to receive any such payment This is really a legal point in connection with the ownership of land and the passing from one person to another of rights in the £300 million fund.

Amendment agreed to.

Further Amendments made: In page 19, line 38, leave out from "until," to "in," in line 39, and insert: satisfied by set-off against development charge or otherwise.

In line 40, at end, insert: and for excluding, in relation to such payments so far as set off against development charge, the provisions of sections sixty-five to sixty-eight of the principal Act (which relate to the satisfaction of payments under the said section fifty-eight and the payment of interest thereon).

In page 20, line 19, leave out from second "to," to end of line 19, and insert "sections sixty-five to sixty-eight."

In line 22, leave out from first "to," to second "to," and insert "sections sixty-two to sixty-five."—[Mr. Lindgren.]