§ Amendments made: No. 147, in page 29, line 1, leave out 'This section', and insert 'Subsection (1A) applies where an order is made under section 29 and subsection (2)'.
§ No. 148, in page 29, line 4, leave out 'section 29', and insert 'that section'.
§
No. 149, in page 29, line 6, at end insert—
'(1A) The Council shall pay compensation to any person having at the time of the making of the order an interest in land comprised in an agricultural unit comprising land to which the order relates who, on a claim made to the Council within the time and in the manner prescribed by regulations under this section, shows that the value of his interest is less than what it would have been if the order had not been made; and the amount of the compensation shall be equal to the difference between the two values.'.
§
No. 150, in page 29, line 14, leave out 'the making of the order', and insert
'reason of paragraph (c) of subsection (5) of section 29 having effect as modified by subsection (6) or (7) of that section'.
§
No. 151, in page 29, line 17, leave out 'the making of the order', and insert
'that paragraph having effect as so modified'.
§ No. 152, in page 29, line 20, at end insert—
§ '(2A) For the purposes of subsection (1A)—
- (a) an interest in land shall be valued as at the time when the order is made;
- (b) where a person, by reason of his having mre than one interest in land, makes more than one claim under that subsection in respect of the same order, his various interests shall be valued together;
- (c) section 10 of the Land Compensation Act 1973 (mortgages, trusts for sale and settlements) or section 10 of the Land Compensation (Scotland) Act 1973 (restricted interests in. land) shall apply in relation to compensation under that subsection as it applies in relation to compensation under Part I of that Act.
§ (2B) For the purposes of assessing any compensation payable under subsection (1A), the rules set out in section 5 of the Land Compensation Act 1961 or section 12 of the Land Compensation 1250 (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
§ (2C) No claim shall be made under subsection (1A) in respect of any order under section 29 unless the Secretary of State has given notice under paragraph 6(1) or (2) of Schedule 11 of his decision in respect of the order; and, without prejudice to subsection (2A)(a), that decision will be taken into account in assessing the compensation payable in respect of the order '.
§ No. 154, in page 29, line 38, at end insert—
§ '(7) In this section "agricultural unit" means land which is occupied as a unit for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land.'.—[Mr. Monro.]