HC Deb 22 November 1954 vol 533 cc819-20

Subsequent Lords Amendments agreed to: In line 32, leave out from "holding" to "the" in, line 33.

In line 36, leave out from "payment" to "is" in line 37.

In line 41, at end, insert: Provided that if in the case of any claim holding a payment becomes payable under Case D, then, regardless of the amount of that payment, that holding shall for the purposes of the following Parts of this Act be deemed to have been extinguished immediately before the commencement of this Act.

Lords Amendment: In page 22, line 1, leave out subsections (3) and (4) and insert: (3) Where one or more acts or events have occurred whereby in accordance with the provisions of this Part of this Act one or more payments become payable in respect of a claim holding (in this section referred to as "the parent holding") and any such act or event did not extend to the whole of the area of the parent holding, then, both for the purposes of the preceding provisions of this section and for the purposes of the following Parts of this Act—

  1. (a) the parent holding shall be treated as having been divided immediately before the 820 commencement of this Act into as many separate claim holdings, with such areas, as may be necessary to ensure that in the case of each holding either any such act or event as aforesaid extending to the area of that holding extended to the whole thereof or no such act or event extended to the area of that holding;
  2. (b) the value of each of the separate holdings respectively shall be taken to be that fraction, of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding;
  3. (c) the authority determining the amount of any such payment shall apportion that amount between the areas of the separate claim holdings to which the act or event in question extended in such manner as may appear to that authority proper, and the portion of that amount apportioned to the area of any separate claim holding shall be taken to be a payment payable under this Part of this Act in respect of that claim holding.

The Solicitor-General

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

This is really only a drafting Amendment, but for the convenience of the House I ought perhaps to explain how it arises. The purpose of subsections (3) and (4) of the Clause, as the House will remember, is to make sure that where a payment is made in respect of a claim holding on account of an act or event affecting only part of the area of that holding, it shall be debited against the fraction of the value of the holding appropriate to that part.

This is at present achieved by dividing the holding into two holdings and so on, one relating to the land developed when that part is developed and the other to the remainder, and debiting the payment against the former. That is all right so far as it goes, but the present subsections are not adequate to cover cases where there have been separate payments relating to different but overlapping parts of the area of the claim holding. That is the only point involved.

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