HC Deb 22 February 1973 vol 851 cc873-4
Mr. Graham Page

I beg to move Amendment No. 21, in page 12, line 16, leave out from '(b)' to end of line 17 and insert: 'for subsections (2) and (3) there shall be substituted the following subsection— (2) Where the interest is that of any of the persons specified in section 67 of the Lands Clauses Consolidation (Scotland) Act 1845, that Act shall have effect with regard to the application of the compensation as it has effect with regard to the application of the compensation payable in respect of the purchase of land"'. The purpose of this amendment is to make appropriate provision for the application of compensation in Scotland where the person having the qualifying interest has only a partial or limited right of ownership in the land. In particular, this provision applies to special cases such as proper life-renters and heirs of entail in possession, which were not adequately covered by the original adaptation of subsection (2).

By providing that the compensation shall be treated in the same way as compensation payable for acquisition under the Lands Clauses Consolidation (Scotland) Act 1845, this amendment avoids the difficulties arising from differences between the trust laws of England and Scotland, and applies a suitable established procedure to the disposal compensation paid in these cases.

I am sorry that the hon. Member for Renfrew, West (Mr. Buchan) is not here to appreciate my knowledge of Scottish law. I must say that he fought well for Scotland throughout our Committee proceedings, and we were all extremely grateful for the contribution which he made and the way in which he looked after the interests of Scotland. With this amendment I am trying to please him and reward him for what he did for us in Committee.

Mr. Mulley

I hold a proxy for my hon. Friend the Member for Renfrew, West (Mr. Buchan) and I should like to say, on his behalf, how much he appreciates the action of the right hon. Gentleman. I should explain that because of the distance, the late hour and his commitments in Scotland tomorrow, he had to leave before he could express his appreciation personally.

The right hon. Gentleman managed without the aid of a Scottish Law Officer. If he has a little leisure time, perhaps he will expand his activities North of the Border.

Amendment agreed to.

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