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Lords Amendment: No. 10, in page 5, line 2, leave out from "on" to end of line 4 and insert
the ground that there has been a material change of circumstances since the entry was made or that there is such an error in the entry as is referred to in section 2(1)(f) of this Act; and, notwithstanding the definition of "material change of circumstances" as set out in section 35(1) of this Act, if in an appeal under this subsection on the ground of a material change of circumstances it is proved that there has been a change of circumstances which has materially reduced the extent to which beneficial occupation of the lands and heritages can be enjoyed, the appeal shall not be refused by reason only that the change of circumstances has not been proved to have affected the value of the lands and heritages to any specific extent.
§ Mr. MillanI beg to move, That this House doth agree with the Lords in the said amendment.
This is rather an important amendment which deals with a matter raised on Report, principally by the hon. Member for Dundee, East (Mr. Wilson), to which we had been giving consideration in any event. The effect of the amendment is to ease the burden of proof on a ratepayer who is appealing for a reduction of the valuation of his property on the ground of material change of circumstances—for example, some particular event may have happened which has reduced the amenity of his house and he appeals for a reduction in the valuation arising from that circumstance.
In the present circumstances it is not sufficient for an appellant to show that a 387 change has taken place that has affected his amenity. He must also produce evidence that it has affected value. That is sometimes extremely difficult to prove and genuine cases sometimes fail because of the difficulty under the present procedure. The amendment says that it will be sufficient to show that the change in circumstances
has materially reduced the extent to which beneficial occupation of the lands and heritages can be enjoyed…If an appellant is able to do that he does not have to prove that the value has been affected under the normal rules that apply to valuation.This is quite an important amendment which remedies a cause for some feeling of injustice by many appellants. It is, therefore, something to be welcomed in the Bill. I am glad that we have been able to find a form of words to deal with this problem. It is a problem that has been recognised for some time but it has been rather difficult to find a solution.
§ Question put and agreed to.
§ Mr. Gordon Wilson (Dundee, East)rose—
§ Mr. Deputy Speaker (Mr. Oscar Murton)I am afraid that the hon. Gentleman was too late.