HC Deb 11 April 1956 vol 551 cc345-7
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Resolution reported,
That, for the purposes of any Act of the present Session to make additional provision for payments in respect of certain unfit houses subject to compulsory purchase, clearance, demolition or closing orders, it is expedient to
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authorise the payment out of moneys provided by Parliament of any increase in the sums payable under any other enactment out of moneys so provided which is attributable to any provision of the said Act of the present Session providing—
- A. That where a house which has been wholly or partly occupied as a private dwelling by (or by a member of the family of) a person who acquired an interest in that house by purchase for value during the period commencing with the first day of September, nineteen hundred and thirty-nine, and ending immediately before the thirteenth day of December, nineteen hundred and fifty-five, has, at any time during the ten years commencing with the said thirteenth day of December, been purchased at site value in pursuance of a compulsory purchase order or vacated in pursuance of a clearance order, demolition order or closing order, and at the date when the house was purchased compulsorily or, as the case may be, vacated the person aforesaid or a member of his family was still entitled to an interest in the house, the appropriate authority shall make in respect of that interest a payment of the specified amount;
- B. That where, on or after the said thirteenth day of December, a house has been purchased at site value in pursuance of a compulsory purchase order or vacated in pursuance of a clearance order or demolition order, and that house was occupied at the date of the making of the order wholly or partly for the purposes of a business, the appropriate authority shall make in respect of any interest in that house, which, at the date when the house was purchased compulsorily or, as the case may be, vacated, was held by the person entitled to the receipts of the business a payment of the specified amount;
- C. For the variation, for the purposes of any payment made on or after the said thirteenth day of December under section forty-two of the Housing Act, 1936, of the multipliers specified with respect to rateable value in paragraph (b) of subsection (2) of that section;
- D. That where a house has, on or after the said thirteenth day of December, been vacated in pursuance of a demolition order or closing order or purchased compulsorily under section three of the Housing Repairs and Rents Act, 1954. and, leaving out of account any defects in respect of any such matters as are mentioned in paragraphs (b) to (c) of subsection (1) of section nine of the said Act of 1954 the house has been well maintained, the appropriate authority shall make to any person by whom or at whose expense the work to which the good maintenance of the house is attributable was carried out the like payment as would have fallen to be so made under the said section forty-two if the house had been a house to which that section applies and directions had been given by the Minister of Housing and Local Government for the making of a payment thereunder.
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In this Resolution—
- "appropriate authority" means the authority by whom the compulsory purchase, clearance, demolition, or closing order in question was made;
- "clearance order" means an order under section twenty-six of the Housing Act, 1936;
- "closing order" means an order under section ten of the Local Government (Miscellaneous Provisions) Act, 1953;
- "demolition order" means an order under section eleven of the Housing Act, 1936;
- "house" includes any building constructed or adapted wholly or partly as, or for the purposes of a dwelling:
- "site value" to relation to the compulsory purchase of a house, means compensation in respect thereof assessed in accordance with the provisions of subsection (4) of section sixteen, or subsection (2) or (3) of section forty, of the Housing Act, 1936;
- "specified amount", in relation to a payment in respect of an interest in a house, means an amount equal to the difference between:—
- (a) the compensation payable in respect of the compulsory purchase of that interest if that compensation fell to be assessed in accordance with subsections (1) and (4) of section forty of the Housing Act, 1936, and, in the case of a house subject to a clearance, demolition or closing order, if the making of that order were the service of the notice to treat; and
- (b) the compensation which was or would have been payable in respect of the interest in connection with the compulsory purchase of the house at site value,
being in each case the compensation payable apart from any payment under section thirty-one or thirty-five of the
Town and Country Planning Act, 1954.