§ Mr. Hugh D. BrownI beg to move Amendment No. 23, in line 29, after 'the', insert' acquisition and'.
§ Mr. BrownThe purpose of these amendments is to make clear that a prerequisite to the operation of the provisions of Clause 10 is that the owner's interest in a croft has been acquired by the authority in pursuance of the compulsory purchase order under which possession of the croft is being taken.
§ Amendment agreed to.
§ Amendments made: No. 24, in line 31, after 'authority' insert 'acquire and'.
§ No. 25, in line 31, after 'thereof, insert 'from a crofter'.
§
No. 26 in line 37, after first 'land', insert
'(on the date on which such possession is taken) as'.
§
No. 27, in line 37, after 'between' insert
',subject to subsection (3A) below,'.
§
No. 28, in line 42, after 'seller', insert
'(not being an authority as defined in section 1(1)(b) of the Community Land Act 1975)'.—[Mr. Hugh D. Brown.]
§ Mr. Hugh D. BrownI beg to move Amendment No. 29, in line 42, at end insert
'assuming that the land were not land to which the Crofters (Scotland) Acts 1955 and 1961 apply'.The purpose of this amendment is to ensure that in determining the open market value for the purpose of assessing the share to be paid to the crofter the value will not be depressed because the land is subject to the provisions of the Crofters Acts. This will mean that the land will be valued on the same unrestricted basis as in Clause 9 where payment is made to the crofter following resumption of the land by the landlord, the land being in that case automatically de-crofted by Section 12(4) of the 1955 Act.
§ Amendment agreed to.
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A mendment made: No. 30, in line 46, at end insert—
'(3A) 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 referred to in subsection (1) above before the land has been acquired by and taken possession of by the acquiring authority, there shall be deducted from the market value such amount thereof as, in the opinion of the Land Court, is attributable to that development.'.—[Mr. Hugh D. Brown.]