HC Deb 22 February 1973 vol 851 cc912-3
Mr. Eldon Griffiths

I beg to move Amendment No. 78, in page 52, leave out lines 18 to 26 and insert:

  1. '(a) the notice of entry shall be deemed to have extended to the part of the holding to which it did not relate; and
  2. (b) the acquiring authority shall be deemed to have taken possession of that part in 913 pursuance of that notice on the day before the expiration of the year of the tenancy which is current when the counter-notice is so accepted or declared'.
I think that it might be convenient also to discuss Amendments Nos. 86, 87 and 88.

The purpose of this amendment is to provide the date on which the authority shall be deemed to have taken possession for the purpose of the clause. It is reasonable that the tenant should continue in possession and go on farming until the expiry of the current year of his tenancy. This is in line with a fundamental principle of the compensation code.

The amendment provides that the authority shall be deemed to have taken possession on the day before the expiry of the current year of his tenancy. The practical effect of inserting this date will be that the tenant would receive as a minimum under New Clause 1 the value of an unexpired term or interest for at least one year, based on loss of profit rental value and loss of profits.

Where the case is referred to the Lands Tribunal, the effective date will be the first renewal date after the Lands Tribunal decision.

Amendment agreed to.

Amendments made: No. 79, in page 52, line 29 leave out from 'interest' to end of line 32 and insert: 'in, or in any of, the part of the holding to which the notice of entry did not relate ("the land not acquired")—'

No 80, in line 35, leave out 'relevant par' and insert 'land not acquired'.

No. 81, in line 35, leave out 'relevant part' and insert 'land not acquired'.

No. 82, in line 39, leave out 'part' and insert 'land'.

No. 83, in page 53, line 10, leave out 'relevant part' and insert 'land not acquired'.—[Mr. Eldon Griffiths.]

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