HC Deb 22 November 1954 vol 533 cc920-1

Lords Amendment: In page 71, line 13, at end, insert: or which would be so recoverable but for the provisions of paragraph (a) of the proviso to that subsection;

Mr. Deedes

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

Subsection (7) of Clause 52 provides for the recovery from public authorities of any payments made under Section 59 of the 1947 Act in respect of an interest in land which they have acquired. An exception is to be made in the cases specified in subsections (2) and (3) of the Clause. The present Amendment is necessary to prevent that exception from being nullified by the provisions of the present Clause, under which Section 59 payments are to be registered as local land charges and recoverable on development of the land. The effect of the Amendment is that these excepted payments will not be registered and thus will not be recoverable.

Mr. Powell

It may be that something has been overlooked. I see that the reference in this Amendment is to paragraph (a) of the proviso to Clause 52 (7), but the paragraphs of the proviso referred to are numbered (i), (ii) and (iii).

Mr. Deedes indicated assent.

Lords Amendment: In page 71, line 34, after "Act" insert: , except subsection (9) thereof,

Mr. Deedes

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

This is a drafting Amendment. Clause 30 (9) is not applicable in the present context.

Lords Amendment: In page 71, line 43, leave out paragraph (b).

Mr. Deedes

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

The effect of this Amendment is to delete the provision whereby anyone developing land within one year of the coming into operation of the Bill would have become liable to repay any payment made under Section 59 of the 1947 Act, which might subsequently be registered against the land. This retrospective charge was strongly objected to in debate, and has been criticised in both Houses, and I think that its disappearance will probably be welcomed.

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