HC Deb 27 October 1966 vol 734 cc1516-8

1. For the purpose of assessing levy in Case A in respect of a disposition of an interest in land to the Commission (in this Schedule referred to as 'the disposition') the provisions of sections 43 to 55 of this Act shall have effect subject to the following provisions of this Schedule.

2. For the purposes of the application of those sections and of the following provisions of this Schedule in relation to any time on or after—

  1. (a) the date on which an agreement for making the disposition has been made, or
  2. (b) the date which (whether by virtue of the execution of a general vesting declaration or otherwise) is the date of service of a notice to treat for the acquisition of the relevant interest by the Commission,
but before the disposition is made, it shall be assumed that the disposition will be made on the date on which subsequently it is in fact made.

3. In relation to any such time as is mentioned in paragraph 2 of this Schedule sections 43 and 44 of this Act shall have effect as if, for the words 'has occurred', in subsections (1) and (2)(a) of section 43 and in subsection (1) of section 44, there were substituted the words 'is about to occur'.

4. Section 45 of this Act shall have effect as if subsection (1)(c) of that section were omitted.

5.—(1) If, in any proceedings relating to the compensation payable by the Commission for the compulsory acquisition of the relevant interest, the Lands Tribunal determines the amount of that compensation, and—

  1. (a) before that decision of the Tribunal is made a notice of assessment of levy has (whether before, on or after the date of the disposition) been served in respect of the disposition and a counter-notice objecting to it has been served under section 46 of this Act, and the objection has been referred to the Tribunal but that reference has not been finally determined, and
  2. (b) the principal amount of levy specified in the notice of assessment of levy was calculated on the assumption that the amount of the compensation would be less than the amount determined by the Tribunal,
the increase in the amount of the compensation shall, for the purposes of section 47(2) of this Act, be included among the matters which the Tribunal is required to consider on that reference.

(2) Where the preceding sub-paragraph applies, then, notwithstanding anything in section 47(3) of this Act, the Lands Tribunal may vary the notice of assessment of levy by increasing the principal amount of levy specified in it, in so far as the Tribunal determines that it is appropriate to do so in consequence of the decision of the Tribunal as to the amount of the compensation.

6. If in any proceedings relating to the compensation payable by the Commission for the compulsory acquisition of the relevant interest, the Lands Tribunal determines the amount of that compensation, and—

  1. (a) that decision of the Tribunal is made after a notice of assessment of levy has (whether before, on or after the date of the disposition) been served in respect of the disposition and has resulted in an operative assessment of levy, and
  2. (b) the principal amount of levy specified in the notice of assessment of levy was calculated on the assumption that the amount of the compensation would be less than the amount determined by the Tribunal,
section 55 of this Act shall apply as if such a decision of the Tribunal were included among the circumstances to which that section applies.

7. Sections 50 to 53 of this Act shall not have effect in relation to a notice of assessment of levy served in respect of the disposition, whether it is served before, on or after the date of the disposition.

Brought, up, and read the First time.

Mr. Allason

I beg to move, That the Schedule be read a Second time.

Amendment No. 68 barred the Lands Tribunal from increasing the levy on appeal. We were very anxious to have that provision, but there is a reasonable exception to this, namely, where there is an appeal to the lands tribunal not only in respect of compensation for compulsory purchase, but against the levy itself. These two appeals will interact, and it would not be right to bar the Lands Tribunal from increasing the amount of levy if it increased the amount of compensation. This Schedule gives effect to that, and it is introduced in the Bill by the Amendment that we have made to Clause 70.

In addition, there are certain other matters contained in the Schedule, arising from the fact that the Commission acquires the land by compulsory purchase. Therefore, because it acquires the land it knows its own intentions in advance and works out the levy in advance. So the reference to events which have occurred, as in Clauses 43 and 44, gets the tense entirely wrong. The Schedule therefore contains provisions that certain Clauses shall be read as though they contained different words, in the circumstances to which the Schedule relates.

This will be an enormous comfort to laymen such as myself, who do not go right through all the Schedules before turning to the Part of the Bill where they expect to see a reference to the legal position in which they find themselves. But I fear that this is one of the penalties that we have to pay when we read through this fantastic Bill.

Mr. Willey

We are very happy to accept the new Schedule.

Question put and agreed to.

Schedule read a Second time, and added to the Bill.