HC Deb 16 June 1958 vol 589 c736
Mr. Maudling

I beg to move, in page 5, line 35, at the end to insert: (7) The Lands Clauses Acts shall not apply to the compulsory acquisition of rights by virtue of a compulsory rights order, or to the taking or retention of possession of land in the exercise of such rights. This is a drafting Amendment, designed to make it clear that the Lands Clauses Acts do not apply to the taking of land by means of compulsory rights orders under this Bill. This removes any possibility of argument that compensation on compulsory rights orders might be payable under the Lands Clauses Acts and not under the Bill. I understand that a specific provision is needed, because the opening words of the Lands Clauses Consolidation Act, 1845, are: This Act shall apply to every undertaking authorised by any Act which shall hereafter be passed, and which shall authorise the purchase or taking of lands for such undertakings, and this Act shall be incorporated with such Act. There might otherwise be some doubt as to whether the compensation on compulsory rights orders should be payable under the Lands Clauses Act. Clearly, the compensation should be governed by the Bill, and this is a drafting Amendment for the avoidance of doubt.

Amendment agreed to.