Amendment made: In page 73, line 44, after "sale", insert:
in the open market by a willing seller".[Sir I. Horobin.]
§ Provisions as to compensation under section (Compensation for depreciation of other land in same ownership)
§ 16.—(1) No compensation shall be payable under subsection (2) of section (Compensation for depreciation of other land in same ownership) of this Act for any year for which the interest of the owner of the relevant land is held subject to, and with the benefit of, a tenancy which was subsisting immediately before the operative date of the compulsory rights order in question, unless the rent payable under that tenancy for that year is a rent which is subject to a liability to be reduced in consequence of that order or of anything done in the exercise of rights conferred by that order, or is a rent which has been so reduced in pursuance of such a liability.797
§ (2) For the purposes of the preceding subparagraph the rent payable under a tenancy shall be taken to be subject to a liability to be reduced as therein mentioned if, under the terms and conditions of the tenancy or under any enactment applicable thereto, the tenant is entitled to require that rent to be so reduced, or is entitled to require the question whether the rent should be so reduced, or generally what rent should be payable under the tenancy, to be referred to arbitration or to any court or tribunal; and the reference in that subparagraph to a rent which has been so reduced in pursuance of such a liability shall be construed accordingly.
§ 17.—(1) No compensation shall be payable under subsection (2) of the said section (Compensation for depreciation of other land in same ownership) for any year for which the owner of the relevant land is entitled to compensation under subsection (2) of section thirty of this Act in respect of a right to which this paragraph applies.
§ (2) This paragraph applies to any right which fulfils the following conditions, that is to say,—
- (a) that it is a right restrictive of the use of the whole or part of the land comprised in the compulsory rights order in question;
- (b) that the benefit of the right is annexed to the relevant land, or to that land together with other land, or (if the benefit of the right is not so annexed) that the right is exercisable by a person who is the owner of the relevant land; and
- (c) that the exercise of the right, in relation to any land comprised in the order, could (apart from the order) have prevented that land from being used for the purposes which, in relation to the authorisation referred to in the order, constitute the authorised purposes.
§ 18. In paragraphs 16 and 17 of this Schedule any reference to the relevant land shall be construed in accordance with subsection (2) of section (Compensation for depreciation of other land in same ownership) of this Act.
§ This is almost entirely consequential on the new Clause "Compensation for depreciation of land in the same ownership". It simply defines two sets of circumstances where it is important to exclude double compensation. I think that at this late stage the House will not wish me to go into detail. Obviously, it is necessary to make sure that double compensation is not paid.
§ Amendment agreed to.
Further Amendments made: In page 75, line 43, leave out "during" and insert:
on or after the operative date of a compulsory rights order and before the end of".
§ In line 47, leave out "of the period of occupation".
§ In page 76, line 1, leave out "the" and insert "a".
In line 24, at end insert:
17. Sub-paragraphs (2) to (4) of the last preceding paragraph shall have effect (with the necessary modifications) in relation to compensation under paragraph 4, paragraph 5 or paragraph 12 of the Fifth Schedule to this Act as they have effect in relation to annual compensation in respect of a holding to which section sixteen of this Act applies.
In line 42, after "Act", insert:
and of the Fifth Schedule thereto".—[Sir I. Horobin.]