Clause 47.—(REFERENCE OF OBJECTION TO LANDS TRIBUNAL.) (Hansard, 27 October 1966)

§ The Minister of Land and Natural Resources (Mr. Frederick Willey)
I beg to move Amendment No. 66, in page 47, line 41, to leave out from "levy" to "require" in line 44 and to insert: then, at any time when the notice of assessment of levy has not been withdrawn or otherwise ceased to have effect and before it has resulted in an operative assessment of levy, either the objector or the Commission may". It might meet the convenience of the House, Mr. Speaker, if we considered at the same time Amendment No. 69, in page 48, line 20, to leave out subsection (5), and Amendment No. 70, in page 49, line 26, to leave out paragraph (d).

§ Mr. Speaker
I have no objection, if the Opposition have none.

§ Mr. Speaker
So be it.

§ Mr. Willey
The effect of these Amendments is to allow appeals to the Lands Tribunal, after objection has been made to the assessment, at any time instead of within such times as may be prescribed by rules. This further simplifies the procedure regarding assessment, and I am sure that it will help not only the Commission but, more important, the levy payer.

§ Mr. Graham Page
I take it that this could be an application either by the Commission or by the person being charged the levy. It is for both of them?

§ Mr. Willey
Yes.

§ Mr. James Allason (Hemel Hempstead)
I beg to move Amendment No. 67, in page 48, line 7, after "Tribunal" to insert "(a)".

§ Mr. Speaker
It is suggested that we take at the same time Amendment No. 68, in page 48, line 9, at the end to insert: and (b) subject to the provisions of section 70 of this Act, shall not vary such a notice by increasing the principal amount of levy specified in it".

§ Mr. Allason
As you suggest, Mr. Speaker, it would be convenient to discuss Amendment No. 68 at the same time. It is the substantive Amendment here, Amendment No. 67 being the paving Amendment.
Where there is an objection to the assessment of levy, appeal lies to the Lands Tribunal. These two Amendments are designed to ensure that, in the normal case, the Lands Tribunal should not increase the amount of levy. Yesterday, I had a letter from a constituent who is a guest of Her Majesty at the moment informing me that his appeal against sentence had failed and that, in consequence, he had to serve an extra 67 days. This arises from a provision in our criminal appeal procedure designed to deter appeals against sentence. But we do not want to deter anyone from appealing against sentence to the Lands Tribunal. It seems useful, therefore, to ensure that there shall be no danger, simply on appeal to the Lands Tribunal, of an increase in the amount of levy.
However, there is an exception. It is not possible to make this proposal without providing for an exception. In our normal procedure, we should have had opportunity to discuss that exception here, but, of course, it would involve discussing a new Schedule. This would be very unfashionable in the debates which we are having on this Bill and I regret, therefore, that it seems necessary to ask the House to accept the Amendment without a full explanation. That full explanation would take us into the realms of a new Schedule. I content myself with saying that there is an exception which will be dealt with later.

§ Mr. Willey
I am both glad and anxious to accept the Amendment. It meets a point which was raised by the Opposition. It was not intended that the Bill should have the result which the hon. Gentleman suggested, and the 1323 Amendment makes quite clear that it cannot happen.