HC Deb 19 October 1954 vol 531 cc1120-1
Commander Galbraith

I beg to move, in page 20, line 35, to leave out from "treated," to "into," in line 36, and to insert: as having been divided immediately before the commencement of this Act. This is a very technical Amendment dealing with valuation, and I think it would be for the convenience of the House if I attempted to explain the present position. Where compensation under Part I is payable in respect of only part of the land to which the claim holding relates, the claim holding is to be divided, and only that part of the claim holding is reduced by the amount of the compensation. That provision is to be treated as taking effect immediately after the act or event giving rise to the compensation. A claim holding may also be due to be divided under the Second Schedule, in which case the division must take place before it can be decided what payment may be due.

That is the present situation, and the effect of the Amendment is to prevent a possibility of a conflict between the two provisions by providing that the division of the claim holding is to be treated as having taken place immediately before the commencement of this Measure. That means, in effect, after Part I payments have been made and, thus, after the provisions of the Second Schedule have taken place. The Amendment is clearly understandable by those whose business in life is to deal with the technical aspects of valuations, but it is not easy to explain in simple language. I have done the best I can.

Amendment agreed to.