HC Deb 22 April 1991 vol 189 cc857-8

Amendments made: No. 30, in page 20, line 46, leave our from 'if' to end of line 47 and insert—

  1. '(a) the damage to the moveable property had been attributable to the negligence of the Corporation; and
  2. (b) subject to subsection (2) below, liability for any consequential loss resulting from the damage were excluded'.

No. 31, in page 21, line 1, leave out subsection (2) and insert— '(2) Subsection (1)(b) above shall not apply to a claim made by a small firm where—

  1. (a) the moveable property was used wholly or partly for the purposes of the firm; and
  2. (b) the property affected by subsidence damage was property as respects which one or more notices had been or should have been given by the Corporation under section 44(1) below;
and in determining the amount (if any) of so much of a payment as is payable by virtue of this subsection regard shall be had to the rules of law relating to remoteness and the mitigation of losses.'.

No. 32, in page 21, line 6, leave out 'situated'.

No. 33, in page 21, line 8, after land', insert 'or, in Scotland, was on any land without lawful authority'.

No. 34, in page 21, line 15, leave out `any damage to' and insert `the damage to the'.

No.35, in page 21, line 23, at end insert 'small firm" has the meaning which would be given by section (Compensation for consequential losses of small firms) (7) above if the reference to the time when the property is affected by subsidence damage were a reference to the time when damage is caused to the moveable property'.—[Mr. Heathcoat-Amory.]

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