HC Deb 22 November 1954 vol 533 cc911-2

Lords Amendment: In page 56, line 39, after "apportionment" insert: or, in the case of a certificate under the last preceding subsection, involves the calculation of a deduction from the original unexpended balance of established development value of the land by virtue of subsection (4) of section eighteen of this Act.

Mr. Deedes

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

This Amendment and the next four Amendments are grouped together and, with permission, perhaps I might say a word about all of them.

Subsection (2) provides for the issue to the acquiring authority of a certificate stating the amount of the unexpended balance at the date of the notice to treat. Subsection (3) already provides opportunity for those concerned to dispute any new apportionment involved in the calculation. However, there is a second element involved which may lead to differences of opinion, and that is the extent to which the unexpended balance should be written down under Clause 18 (4) to take account of any development of land. The Amendments provide for this also to be the subject of representation and reference to the Lands Tribunal.

The new subsection (6) makes a certificate issued to an acquiring authority under subsection (2) conclusive evidence of the unexpended balance. Since those concerned will have full opportunity of carrying the matter to the Lands Tribunal before the certificate is issued, there should be no question of their being able to contest it again in arbitration proceedings under the Acquisition of Land Act, 1919.

The second part of the subsection obviates the need to produce evidence in support of any facts stated in a certificate under subsection (1), unless they are contested.

Subsequent Lords Amendments agreed to: In page 57, line 4, after "apportionment" insert "or calculation."

In line 5, after "apportionment" insert "or calculation."

In line 11, after "apportionment" insert "or calculation."

In line 16, after "apportionment" insert "or calculation."

In line 40, at end insert: (6) A certificate under subsection (2) of this section shall be conclusive evidence of the unexpended balance shown therein, and a certificate under subsection (1) of this section shall be sufficient proof of any facts stated therein unless the contrary is shown.