§ 2.0 a.m.
§ Mr. WilleyI beg to move, Amendment No. 37, in page 21, line 41, to leave out "and."
Again, Mr. Deputy Speaker, it might be for the convenience of the House if we took Amendments Nos. 38 and 41 with this Amendment.
§ Mr. WilleyThe purpose of the Amendment is to afford the Land Commission the opportunity, when it reacquires an interest in land because of a breach of covenant and that breach relates only to part of the interest, to acquire that part only.
§ Mr. Graham PageI appreciate that the Minister wants to get on with the Amendments, and to a great extent they are not controversial, but he did not explain this Amendment. When the Commission finds a breach on part of the land it can, as I understand it, acquire that part without the other part. What sort of notice does the crownholder have of this? Is he given notice that the Commission only intends to acquire part? Has the Commission the power to acquire the whole of the land if there is a breach on only part of it? And how, in practice, will this work out? If the crownholder has committed a breach on one part of a house, can there be a severance of the house or of the house and garden? Could we be told a little more about the machinery, and how it will operate?
§ Mr. WilleyThe notice would refer only to the part. The power would be to reacquire the whole. For example, a sports club might have land on part of which it might build, and the re-acquisition would apply only to that part.
§ Amendment agreed to.
§
Further Amendment made: In page 22, line 6, at end insert:
(c) state whether (in the circumstances specified in the last preceding paragraph) the Commission propose to execute such a vesting declaration in respect of the whole of the land in which that person's interest subsists or in respect only of a part of that land specified in the notice, as being the part in relation to which the covenant is alleged by the Commission to have been broken".—[Mr. Willey.]