§ The Lord AdvocateI beg to move, in page 12, line 16, to leave out from "land" to the end of line 17 and to insert:
means agricultural land as defined in the Agriculture (Scotland) Act, 1948, and includes any dwelling-house or other building occupied for the purpose of farming any land.This Amendment adds to the definition of agricultural land in the Bill the words:… and includes any dwelling-house or other building occupied for the purpose of farming any land.The object of the Amendment is to remove the doubt which arises as to whether farm houses and other farm buildings are to be regarded as falling within the definition of agricultural land in the 1948 Act. The doubt arises particularly where a farm house, although comprised in the agricultural unit, is situated outwith the boundaries of the agricultural land. This is really a clarifying Amendment.
§ Mr. WoodburnMay I clear up one point? The definition of land in connection with houses came up in the consideration of a recent Bill concerning rents and rates. If the Lord Advocate will carry his mind back, the question arose about a house which might appear to be an agricultural house but which was largely used as a residence. An Amendment was moved, I do not remember whether it was carried, to the effect that the house should only be regarded as an agricultural house to the extent that a part of it was used in the working of the farm. In other words, a great mansion would not necessarily be considered to be altogether an agricultural house. I am wondering whether, in the framing of this Amendment, that point is covered 476 so that it will not lead to confusion with the other Measure?
§ The Lord AdvocateI do not remember the Amendment referred to, but if the right hon. Gentleman is right, as I am sure he is, and there was a decision of that kind, and if it could be so construed in that case, I see no reason why this Amendment should not be construed in a similar way.
§ Amendment agreed to.
§
Further Amendment made: In page 12, line 34, at end insert:
endangered land" has the meaning assigned to it by paragraph (d) of subsection (1) of section two of this Act.—[The Lord Advocate.]
§ 5.30 p.m.
§ Mr. WillisI beg to move, in page 12, line 44, at the end to insert "and mineral rights".
We had a long and interesting discussion in Committee on exactly what was meant by "land". The Lord Advocate referred to the Interpretation Act, 1889, and read us extracts. It was obvious that the definition did not include mineral rights, salmon fishings or land covered by water. The argument was that because the definition did not include those things it was necessary to specify them in the definition Clause of the Bill.
We pointed out that by including salmon fishings the Lord Advocate was excluding almost everything else. The general attitude taken by the Government in Committee is that if we specify certain things we exclude the things which are not specified, unless there is a provision to cover the point. There is no general provision here, nor a definition—