HC Deb 22 November 1954 vol 533 cc811-3

Lords Amendment: In page 15, line 11, leave out from "related" to "was" in line 12 and insert: or another interest in which that interest had merged.

The Solicitor-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment deals with the same point about the merging of the interest; this time in cases analogous to Case B.

Question put, and agreed to.—[Special Entry.]

Subsequent Lords Amendment agreed to: In page 15, line 18, after "if" insert: the interest so affected, in the next following subsection referred to as.

Lords Amendment: In page 15, line 25, leave out "in consideration" and insert: or of that interest in so far as it subsisted in particular land, where the consideration for the sale consisted wholly or partly,

The Solicitor-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment deals with two points. The House will remember that it is necessary to consider cases where the consideration for the sale of the land was not wholly in respect of the rent charge, but partly in respect of the rent charge. There is the further case, where only part of the land in which the vendor's interest subsisted was sold in consideration of the rent charge. This Amendment deals with both of those cases.

Question put, and agreed to.

Lords Amendment: In page 15, line 34, after "affected" insert: being damage in respect of which compensation fell, or if the sale had been a compulsory acquisition would have fallen, to be assessed in accordance with the provisions of Part V of the principal Act (which provides for compensation on the basis of existing use value) as applied by subsection (4) of section one hundred and nineteen of that Act;

The Solicitor-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

Clause 10 has been reorganised by this string of Amendments. Opportunity has been taken to put in the necessary wording to deal with cases where the consideration for the sale was wholly or partly in respect of a rent charge. If hon. Members have the Clause before them, I can most rapidly and conveniently indicate the nature of the rearrangement by saying that subsection (2) really ought to be a grouping of the cases in which payment is to be made—dealing really with entitlement. Subsection (3) ought really to be a group of considerations governing the amount of the payment. As the Bill is drawn there is some confusion between those two elements, and opportunity has been taken simply to rearrange the Clause so as to group those two factors logically and conveniently in that way.

Question put, and agreed to.

Lords Amendment: In page 15, line 38, at end, insert: being damage in respect of which compensation fell to be assessed in accordance with section two of the Compensation (Defence) Act, 1939, as modified by section ten of the Requisitioned Land and War Works Act, 1948 (which limits the compensation to an amount calculated on the basis of existing use value).

The Solicitor-General

I beg to move, "That this House doth agree with the words in the said Amendment."

This is part of the same process of rearrangement.

Question put, and agreed to.

Lords Amendment: In page 16, leave out lines 1 to 25 and insert: (b) in the case of a sale falling within paragraph (b) of the last preceding subsection, to the capital value of the rentcharge or, as the case may be, to the aggregate consideration represented by the price paid and the capital value of the rentcharge; (c) in the case of a compulsory acquisition falling within paragraph (c) of the last preceding subsection or in a case falling within paragraph (d) of that subsection, to the compensation paid or payable in respect of the damage referred to in that paragraph; (d) in the case of a sale falling within paragraph (c) of the last preceding subsection, to the sale price in so far as it represented compensation in respect of the damage referred to in that paragraph,

The Solicitor-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment is part of the same process of rearrangement, but it includes the required reference to rent charges.

Question put, and agreed to.

Lords Amendment: In page 16, line 28, leave out "relevant interest" and insert: interest in land to which the claim holding related,

The Solicitor-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is consequential on the changes which the House has already made relating to the merging of interests.

Question put, and agreed to.—[Special Entry.]