HL Deb 02 August 1922 vol 51 cc1059-61

Clause 9, page 7, line 11, leave out ("an") and insert ("a borough or")

Clause 9, page 8, line 3, leave out ("one") and insert ("two")

Clause 9, page 8, line 5, leave out ("reasonably")

Clause 9, page 8, line 8, at the beginning insert: ("(4) A tenant to whom land is let by a council under this section and whose tenancy is terminated by the termination of the right of occupation of the council shall, unless otherwise agreed in the contract of tenancy, be entitled to recover from the. council such compensation (if any) as would have been recoverable if his tenancy had been terminated by notice to quit given by the council, and have the same right to remove his crops as if the tenancy had been so terminated. (5) Any person who is interested in any land on which entry is made by the council under this section, and who suffers any loss by reason of the exercise of the powers conferred by this section shall, if he makes a claim not later than one year after the termination of the right of occupation, be entitled to be paid by the council such amount or amounts by way of periodical payments or otherwise as may represent the loss, and such amount or amounts shall in default of agreement be determined by a valuation made by a person appointed, in default of agreement, by the Minister,")

Clause 9, page 9, line 3, leave out ("or canal") and insert ("canal water or other public")

Clause 9, page 9, line 13, leave out from the beginning to ("or") in line 15.

Clause 9, page 9, line 29, at end insert ("The expression 'owner' includes the person who, but for the occupation of the council, would be entitled to the possession of the land.")

Clause 11, page. 10, line 10, after ("months") insert ("after the date")

Clause 11, page. 10, line 17, leave out ("from") and insert ("after the date of")

Clause 11, page. 10, line 23, leave out from ("shall") to ("unless") in line 25 and insert ("if made within three months after the expiration of the said three calendar months, be valid, unless confirmed by the Minister, or be so confirmed").

Clause 12, page 10, line 32, leave out (exceed ten thousand") and insert ("thereof is ten thousand or upwards").

Clause 13 page 10, line 37, leave out ("of Health") and insert ("after consultation with the Minister of Health")

Clause 13, page 11, line 12, after ("council") insert ("being persons experienced in the management and cultivation of allotment gardens, and")

Clause 13, page 11, line 13, leave out from ("district") to ("provided") in line 14.

Clause 13, page 11, line 15, leave out ("such co-opted") and insert ("the number of such representative")

Clause 13, page 11, line 15, leave out from ("be") to the end of line 17 and insert ("not more than one-third of the total number of the members of the committee or be less than two or one-fifth of such total number whichever be the larger number").

Clause 14, page 11, line 26, after ("acquired") insert ("or appropriated")

Clause 14, page 11, line 32, leave out from the beginning to the end of line 34 and insert ("this section shall not be deemed to authorise a council to let any land held by the council under a contract of tenancy or the use of any land so held in contravention of any term or condition of the contract").

Clause 15, page 11, leave out Clause 15.

Clause 16, page 12, line 7, at end insert ("(other than such expenses as are hereinafter specified)")

Clause 16, page 12, line 16, at end insert: ("Provided that such expenses shall not include—

  1. (a) expenses in relation to the acquisition of land other than the purchase price or rent, or other compensation payable in respect of the land;
  2. (b) expenses incurred in making roads to be used by the public;
  3. (c) sinking fund charges in respect of loans raised in connection with the purchase of land.")

Clause 16, page 12, line 27, leave out from ("the") to ("for") in line 28, and insert ("full fair rent"). After Clause 16 insert the following new clauses:

Baling of allotments.

.—(1) A council providing land for allotments whether under the Allotments Acts or otherwise may by notice to the authority by which any rate is levied require that the council shall be assessed to the rate as the occupiers of the land notwithstanding that the land or part thereof may be let, and in such case the council shall for the purposes of any rate levied by that authority and made after the notice is given and before the notice is withdrawn be deemed to be the occupiers of the land.

(2) The foregoing subsection shall apply to an association providing land for allotments in like manner as it applies to a council, if at the request of the association the authority by which a rate is levied agrees that it shall so apply.

Financial provisions.

—(1) The maximum period for the repayment of money borrowed by the council of a borough or urban district or parish under the Allotments Acts shall, where the purpose for which the money is borrowed is the purchase of land for allotments, be eighty years, and the provisions of subsection (2) of section fifty-two of the Small Holdings and Allotments. Act, 1908, relating to loans by the Public Works Loan Commissioners for small holdings shall extend to money borrowed by any such council for the purpose of providing allotments.

(2) Money borrowed by a council for the purpose of providing allotments shall not be reckoned as part of the total debt of the council for the purpose of any enactment limiting the powers of borrowing by the council.

Moved, That this House doth agree with the Commons in the said Amendments.— (The Earl of Ancaster.)

On Question, Motion agreed to.