HC Deb 29 July 1958 vol 592 cc1182-3

Lords Amendment: In page 49, line 14 at end insert: (3) Where under subsection (2) of section thirty-two of this Act a person is entitled to compensation as the owner of any land, and his interest in that land is subject to a mortgage and the mortgagee is, to the extent of that interest, in possession of the land or of the rents and profits thereof, the compensation shall be paid by the Board to the mortgagee, and shall be paid or applied by him as mentioned in the last preceding subsection.

Sir I. Horobin

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

This also arises on Clause 32, dealing with injurious affection, and simply provides that when a mortgagee is in possession of land, the annual compensation will be payable to him.

Question put and agreed to.

Lords Amendment: In page 49, line 16, leave out "other than any annual compensation" and insert: not being annual compensation or compensation under section twenty-two of this Act

Sir I. Horobin

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

This Amendment and the next Amendment, to line 29, are designed to make it clear that the cost of works compensation under Clause 22, when land is subject to a mortgage, shall be payable to the person who carried out the works and not the mortgagee. That is obviously fair.

Question put and agreed to.

Subsequent Lords Amendments agreed to: In page 49, line 29, leave out from "compensation" to "would" in line 30 and insert: falling within subsection (3) of this section".

In line 34, leave out from beginning to "by" in line 36 and insert: by virtue of the operation in relation to that land of section twenty-four or section thirty of this Act, compensation is recoverable from him.

Lords Amendment: In line 40, at end insert: (5) Where any compensation falling within subsection (3) of this section is payable in right of an interest in land which is subject to a settlement, or is otherwise held in such a manner that the person entitled to that interest would not be competent to give an effective discharge for the proceeds of a sale thereof, that compensation shall be paid by the Board to the person who would be competent to give such a discharge. (6) In his section 'annual compensation' means any such compensation as is mentioned in subsection (2) of section thirty-five of this Act.

Sir I. Horobin

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

This is a technical Amendment defining the person to whom terminal compensation shall be paid in the case of settled land.

Question put and agreed to.