HC Deb 22 November 1954 vol 533 cc837-8

Lords Amendment: In page 26, line 1, after "powers," insert: (not being statutory undertakers or the National Coal Board)".

Mr. Deedes

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

The purpose of this Amendment is to exclude statutory undertakers and the National Coal Board from the operation of subsection (2) of the Clause and to leave their position in the matter of compensation to be solely determined by subsection (4). The main reason for disqualifying statutory undertakers and the Coal Board from claiming compensation under Part II of the Bill is that special provision is made in the Fifth Schedule of the 1947 Act for compensation for planning restrictions on operational land. This overlap is effectively eliminated by subsection (4) without the application of subsection (2) and that is why we move to agree to the Amendment.

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

Lords Amendment: In line 38, leave out subsection (6).

Mr. Deedes

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

This is a purely drafting Amendment.

Sir L. Ungoed-Thomas

I fail to see why this is a purely drafting Amendment. Perhaps the hon. Gentleman will explain why it is. The subsection which is to be left out deals with the position of a mortgagee. It may be necessary to do so because of the general scheme and the mortgagee does not appear elsewhere, but what is contemplated in that case? Is it contemplated that the mort- gagee shall have recourse to the moneys in the hands of the mortgagor? If that is intended what is the machinery for ensuring that that is to take place?

Secondly, if a mortgagee is a mortgagee in occupation he may have become the "tenant" under the mortgage. Is he to be treated as a tenant, or does his position automatically exclude him from being treated as a tenant under the Bill?

Mr. Deedes

I think I can give the explanation the hon. and learned Member wants. This subsection is superfluous because the definition of interest in land in Clause 68 precludes a mortgagee from claiming in respect of his own interest. The position of mortgagees, about which the hon. and learned Gentleman asked, will be safeguarded by regulations to be made under Clause 65.