HC Deb 22 November 1954 vol 533 cc957-8

Lords Amendments agreed to: In page 21, line 44, leave out from "holding" to "the" in line 45.

In page 22, line 1, leave out from "payment" to "is" in line 2.

In line 6, 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 12, 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 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. 958
  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.

Commander Galbraith

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

This is little more than a drafting Amendment. The purpose of subsections (3) and (4) of the Clause is to ensure that where a payment is made in respect of a claim holding in respect 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. That is to say, if a claim holding relates to two plots, and a development charge has been paid for building on one plot, with the result that a payment is made under Clause 3 of the Bill, that payment ought, obviously, to be debited against that part of the claim holding appropriate to the land developed, and not against the claim holding as a whole. This is achieved by dividing the holding into two holdings, one relating to the land developed and the other to the remainder, and debiting the payment against the former.