Lords Amendment No. 79 proposed: In page 43, line 6, at end insert new Clause H:
H. In paragraph 12 of Schedule 1 to the Act of 1946 (application of special parliamentary procedure to compulsory purchase order affecting ancient monument etc., subject to certificate by Minister of Public Building and Works that undertakings have been given as to its preservation) the reference to land being, or being the site of, an ancient monument or other object of archaeological interest shall be construed as not including a reference to a listed building or any land or object comprised within the curtilage of such a building unless the building or object is specified in the Schedule to the Ancient Monuments Protection Act 1882 or is for the time being specified in a list published under section 12 of the Ancient Monuments Consolidation and Amendment Act 1913."—[Mr. Skeffington.]
§ Read a Second time.
§ Mr. Graham Page
If the Parliamentary Secretary has not quite found his place I will go on talking, but I cannot talk for long because I do not understand what the Clause means. I was hoping that the hon. Gentleman would give us some explanation.
§ Mr. Speaker
Order. If the hon. Member does not understand it, and wants to talk about it, it will be hard for him to keep in order.
§ Mr. Skeffington
Paragraph 12 of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act 1946 provides that any compulsory purchase order which authorises the purchase of land which is, or is the site of, 1473 an ancient monument is to be subject to Special Parliamentary Procedure unless the Minister of Public Building and Works gives a certificate that the acquiring authority has entered into an undertaking to observe satisfactory conditions about the use of the land.
The reason for this Amendment is simply that the definition and description of ancient monuments in relation to that Act is different and much wider than in relation to the listed buildings with which we are dealing, and it will be unnecessary to have to ask the Minister to give consent in certain cases when
|10||"( ) Where a Planning Inquiry Commission are to hold a local inquiry under subsection (3) above in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this section to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry."|
§ Read a Second time.
§ Mr. Murton
I beg to move, as an Amendment to the proposed Amendment, in line 9, after ' may ' insert:'(with the consent of all persons who are entitled to be heard at inquiries concerning the two matters and have expressed an intention to participate in either of these inquiries)'.Under subsection (3) a planning inquiry commission may hold an inquiry for the proper discharge of its functions even though neither the applicant nor the local planning authority desire an opportunity of appearing and of being heard. The proposed new subsection will enable a planning inquiry commission, on the authority of another Minister or Ministers of the Crown, to hold two inquiries concurrently, or if necessary combined. If the subsection is accepted as drafted it could, under certain circumstances, lead to considerable hardship where some person, concerned only with one inquiry, and possibly with only one aspect of it, finds himself faced with a much more complex set of circumstances in a combined inquiry, and as a result has to seek extra legal or other expert advice, including possibly the retention of counsel.
If that person has one specific aspect of interest in the original inquiry, we feel that he should be entitled to have
§ under the Bill he is not concerned with them, but this is merely a provision in another statute. The Amendment is designed to remove an anomaly.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.