HC Deb 22 November 1954 vol 533 cc998-1000

Lords Amendment: In page 54, line 15, 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,".

The Lord Advocate

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

It might be convenient also to take the next four Lords Amendments. They all deal with a single point, however many lines they may involve.

Subsection (2) provides for the issue to an acquiring authority of a certificate stating the amount of the unexpended balance at the date of notice to treat. Subsection (3) already provides opportunity for those concerned to dispute any new apportionment involved in the calculation. But there is a second element involved which may lead to differences of opinion, namely the extent to which the unexpended balance should be written down under Clause 18 (4) to take account of any development of the land. It is a small point. To cope with that second element the Amendment makes provision for this matter also to be the subject of representation and reference to the Lands Tribunal.

Subsequent Lords Amendments agreed to: In page 54, line 25, after "apportionment" insert "or calculation,".

In line 26, after "apportionment" insert "or calculation,".

In line 32, after "apportionment" insert "or calculation,".

In line 37, after "apportionment" insert "or calculation,".

Lords Amendment: In page 55, line 15, 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.

The Lord Advocate

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

This Amendment makes a certificate issued to an acquiring authority under subsection (2) of the Clause conclusive evidence of the unexpended balance. There is full opportunity, before the certificate is given, for an appeal, and everyone's rights are safeguarded. It also obviates the need to produce evidence in support of any facts stated in a certificate under subsection (1) unless they are contested.