HC Deb 02 March 1976 vol 906 cc1261-2
Mr. Hugh D. Brown

I beg to move Amendment No. 15, in page 10, line 36, after 'between' insert ',subject to subsection (4A) below,'.

Mr. Deputy Speaker

With this we are to discuss Government Amendments Nos. 21, 27 and 30.

Mr. Brown

The purpose of these amendments is to exclude from the Land Court's determination of the market value of croft land in Clauses 9 and 10 the value of any development or works which may already have been carried out on the croft land in question by any person other than the crofter or his predecessors in the tenancy. The effect of the amendments would be to restrict the crofter's right to a share in the value of croft land taken for development to the actual value released by his giving up the tenancy of the land.

The crofter would have no right to a share in the value of works carried out on the land by some other person—such as the landlord—prior to resumption or compulsory acquisition—in the same way as he should not be expected to give any share of the value of works carried out by him to the landlord under the Clause 3 second payment liability.

Amendment agreed to.

Amendment made: No. 16, in page 10, line 37, after 'land', insert (on the date on which resumption thereof is so authorised) as'.—[Mr Hugh D. Brown.]

Mr. Buchanan-Smith

I beg to move Amendment No. 18, in page 10, line 41, after 'purpose', insert having relevance to the good of the croft or of the estate or of the public interest'.

Mr. Deputy Speaker

With this we are to discuss Government Amendment No. 22, in page 11, line 27, at end insert— '"reasonable purpose" has the same meaning as in section 12(2) of the Act of 1955'.

Mr. Buchanan-Smith

When I put down this amendment, the Government had not tabled Amendment No. 22. I think that the purpose of my amendment is achieved by No. 22 and it may be that I shall wish to withdraw my amendment. I look forward to hearing the Minister's explanation.

Mr. Hugh D. Brown

I think that I can give the hon. Member for North Angus and Mearns (Mr. Buchanan-Smith) that assurance. I appreciate his concern and Amendment No. 22 is not easy to understand, but I gave an assurance in Committee to look at this matter again and our amendment honours that commitment.

Mr. Buchanan-Smith

I think that the Government amendment is very similar to one that I put down in Committee. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: No. 17, in page 10, line 41, after 'purpose', insert: 'which has been or is'.—[Mr. Hugh D. Brown.]

Mr. Hugh D. Brown

I beg to move Amendment No. 19, in page 11, line 1, after 'seller', insert: '(not being an authority as defined in section 1(1)(b) of the Community Land Act 1975)'.

Mr. Deputy Speaker

With this we are taking Government Amendment No. 28.

Mr. Brown

The purpose of these amendments is to ensure that the hypothetical "willing seller" in Clauses 9(2) and 10(2) is a willing seller other than an authority within the meaning of Section 1 of the Community Land Act. This exclusion is necessary because of the combined effect of the provisions of the Community Land Act 1975 on the market value of land.

Amendment agreed to.

Amendments made: No. 20, in page 11, line 4, after 'purpose', insert: 'which has been or is'.

No. 21, in line 24, at end insert: '(4A) For the purposes of this section, where any development has been carried out by any person, other than the crofter or any of his predecessors in the tenancy, on the land which the Land Court have authorised the landlord to resume, before such authorisation, there shall be deducted from the market value such amount thereof as, in the opinion of the Land Court, is attributable to that development.'

No. 22, in line 27, at end insert: '"reasonable purpose" has the same meaning as in section 12(2) of the Act of 1955'.—[Mr. Hugh D. Brown.]

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