HC Deb 24 March 1959 vol 602 cc1222-3
Mr. Brooke

I beg to move, in page 16, line 29, at the end to insert: Provided that this subsection shall not apply if, before the end of the said period of one year, the acquiring authority have exercised a right of entering upon and taking possession of land in pursuance of the notice to treat. The Amendment is to deal with a point which occasioned notice in relation to the Clause. Subsection (4) provides that, where a notice of what is called "intention to proceed" has been served, if at the end of a year from the date of the service of that notice compensation has not been agreed and no proceedings have been begun for the determination of any question relating to that compensation, the notice to treat shall cease to have effect. The object of the provision is to ensure that these old, long-standing notices to treat which have been a bear garden for many years will be finally disposed of.

The Amendment deals with a contingency which might arise if a local authority has entered upon land in pursuance of the powers it has following the service of a notice to treat. If it has done that before the end of the year in question, it causes great difficulty if the notice to treat ceases to have effect. The authority will be in possession of the land without having power to proceed with acquisition. That clearly is a situation for which Parliament ought to provide.

The Amendment therefore would ensure that the subsection will not apply where the acquiring authority has exercised the right of entering upon and taking possession of the land. This is not inconsistent with the general purpose of the provision in the Bill which is designed to get these long-standing notices to treat wound up. In the case envisaged in the Amendment the owner has lost possession and has therefore the incentive to get the matter settled. That incentive should be sufficient to ensure that the whole question is wound up.

Amendment agreed to.

Mr. Brooke

I beg to move, in page 32, line 31—

Mr. Mitchison

On a point of order, Mr. Deputy-Speaker. Are we not to be allowed to move our Amendment in page 29, line 15, at the end to insert a new paragraph?

Mr. Deputy-Speaker

I am sorry, but I was informed that the hon. and learned Gentleman did not want to move it.

Mr. Mitchison

That impression arose out of a Ruling, with which I respectfully agreed, that there are grave objections to the Amendments immediately preceding the one to which I have referred, and I understood that they would not be selected. I hoped, and I still hope, that the Amendment in page 29, line 15 and the further Amendment in page 29, line 40, to add another new paragraph, will be selected.

Mr. Deputy-Speaker

Very well.