HL Deb 11 August 1919 vol 36 cc776-8

Read 3a (according to Order).

Clause 2:

Rules for the assessment of compensation.

2. In assessing compensation, an official arbitrator shall act in accordance with the following rules:—

  1. (1) No allowance shall be made on account of the acquisition being compulsory:
  2. (2) The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realise: Provided always that regard shall be had to all returns and assessments of capital value for taxation made or acquiesced in by the claimant:
  3. (3) The special suitability or adaptability of the land for any purpose shall not be taken into account if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any Government Department or any local or public authority:
  4. (4) Where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is detrimental to the health of the inmates of the 777 premises or to the public health, the amount of that increase shall not be taken into account:
  5. (5) Where land is, and but for the compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation may, if the official arbitrator is satisfied that reinstatement in some other place is bonâ fide intended, he assessed on the basis of the reasonable cost of equivalent reinstatement:
  6. (6) The provisions of Rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land.
For the purposes of this section, an official arbitrator shall be entitled to be furnished with such returns and assessments as he may require.

Amendment moved— Clause 2, subsection (2), page 2, lines 31 and 32, leave out ("regard shall be had to") and insert ("the arbitrator shall be entitled to consider").—(The Earl of Selborne.)

THE LORD CHANCELLOR

I agree to the Amendment.

THE EARL OF SELBORNE

I am obliged to my noble and learned friend for accepting my Amendment; he was under no obligation to do so.

On Question, Amendment agreed to.

VISCOUNT MIDLETON moved, at the end of subsection (3), to insert "Provided that any bona fide offer for the purchase of the land made before the passing of this Act which may be brought to the notice of the arbitrator shall be taken into consideration." The noble Viscount said: I do not think the Government will find any difficulty about this Amendment which is to ensure that if there is only one purchaser in the market the arbitrator shall have regard to any bona fide offer made before the passing of the Act, so that there shall be no collusion.

Amendment moved— Clause 2, page 3, line 4, at the end insert the said proviso.—(Viscount Midleton.)

VISCOUNT PEEL

I am not sure that the Amendment of my noble friend does not trench to some extent on the principle of the Bill. I would point out further that perhaps it may be illogical to consider the bona fide offer made, but not, perhaps, the question itself though it had never taken the place of a formal offer. It is possible, however, that there may not be many cases where this can take place. I would also point out that really the question of this offer would naturally be brought in by the claimant as evidence of the value of the land. If my noble friend really presses this Amendment I do not intend to oppose it, but I cannot predict an easy course for it in the other House.

On Question, Amendment agreed to.

Bill passed, and returned to the Commons.