§ Mr. Graham PageI beg to move Amendment No. 11, in page 9, line 29, at end insert:
'(5) In a case in which compensation for injurious affection fell or falls to be assessed otherwise than in accordance with section 38 below, subsection (2) above shall not preclude the payment of compensation under this Part 866 of this Act in respect of depreciation by public works so far as situated elsewhere than on the land acquired'.I think that it will be for the convenience of the House if with this we take Amendment No. 75, in page 41, line 14, after '(b),' insert 'on that ', which is consequential.
§ Mr. PageThe amendment is not quite drafting. It is paste and scissors. In Committee my hon. Friend the Member for Stockport, North (Mr. Idris Owen) said that he could not understand the provision being where it was in the Bill. After debate we came to the decision that the best thing to do was to put it in another part of the Bill, and that is why I call this a paste and scissors amendment. I have cut the provision out of one part of the Bill and put it in another. It is the same as before, but it is much more intelligible where it is now situated in the Bill.
§ Amendment agreed to.
§ Mr. Graham PageI beg to move Amendment No. 12, in page 9, line 30, insert:
'Where after a claim has been made in respect of any interest in land the whole or part of the land in which that interest subsists is compulsorily acquired—'.Subsection (5) is a provision for excluding the payment of double compensation, but as drafted it operates too widely. In fact, we cut out some of the entitlement which claimants might have.The clause is intended to deal only with a situation where, first, there is a claim or a potential claim under Part I for injurious affection caused by public works or alterations to public works; secondly, the land in respect of which the claim will arise, or part of it, is purchased compulsorily for the purposes of the same public works or the same alterations to public works as give rise to claims under Part I; and, thirdly, the acquisition of the land is at a value undepreciated by the carrying out of the public works or the alteration.
The amendments are designed to restrict the application of the subsection to those situations and not to let it stray into further ones. The amendments provide that a person entitled to Part I 867 compensation will always get it, but the compensation for compulsory acquisition for the purpose of the same works as those to which the Part I claim relates will be reduced.
§ Amendment agreed to.
§
Amendment made: No. 13, in page 9, leave out lines 40 to 45 and insert:
'and the compensation in respect of the compulsory acquisition falls to be assessed without regard to any diminution in the value of the interest which is attributable to the public works, the compensation in respect of the acquisition shall be reduced by an amount equal to (or, if the acquisition extends only to part of the land, to a proportionate part of) the compensation paid or payable on the claim.'—[Mr. Graham Page]