HC Deb 20 October 1954 vol 531 c1236
The Lord Advocate

I beg to move, in page 49, line 14, to leave out "section," and to insert "subsection."

Mr. Deputy-Speaker (Sir Charles MacAndrew)

I think that this Amendment goes together with the Amendment in page 49, line 16.

The Lord Advocate

Yes, Mr. Deputy-Speaker. These two Amendments redraft Clauses 49 to 51. Clause 49, as it is proposed to be amended, replaces Clauses 49 and 50, and Clause 51 will disappear as a result of the extension of the scope of Clause 48, to which effect has already been given in one of the earlier Amendments. The two Amendments, therefore, are really drafting Amendments.

Amendment agreed to.

Further Amendment made: In page 49, line 16, leave out from first "of," to end of line 6, on page 51, and insert: the depreciation of the value of an interest in qualified land by a planning decision or order, the principal amount of the compensation shall be whichever is the less of the following amounts, that is to say—

  1. (a) the amount by which the value of the interest, or, in the case of an interest extending to other land, the amount by which the value of the interest in so far as it subsisted in the qualified land, was depreciated by the decision or order; or
  2. (b) the value of the relevant holding at the commencement of this Act or, if at the time of the decision or order the qualified land in which the interest subsisted constituted part only of the area of the relevant holding, the fraction of the said value which attached to that qualified land.
(2) If at the time of the planning decision or order the whole of the land to which the planning decision or order related and in which the interest subsisted was not qualified land, then, for the purposes of paragraph (a) of the preceding subsection, the depreciation of the value of the interest by reason of the decision or order shall first be ascertained with reference to the whole of the land aforesaid and shall then be apportioned between the parts of that land which respectively were and were not qualified land according to the nature of those parts and the effect of the planning decision or order in relation thereto."—[The Lord Advocate.]