HL Deb 28 July 1931 vol 81 cc1270-1

Page 19, line 27, at end, insert the following new clause:

Procedure as to validity of orders.

(" . Subsection (3) of Section thirty-nine of the Small Holdings and Allotments Act, 1908 (which relates to the procedure for compulsory acquisition of land), is hereby repealed and the following provisions shall be substituted therefor:

  1. (3) (a) An order under this section shall be of no force unless and until it is confirmed by the Minister, and the Minister may, subject to the provisions of the First Schedule to this Act, confirm the order either without modification or subject to such modifications as he thinks fit.
  2. (b) So soon as may be after an order has effect the Minister shall publish in the London Gazette, and in such other manner as ho thinks best adapted for informing persons affected, a notice stating; that the order has come into force, and naming a place where a copy thereof may be seen at all reasonable hours.
  3. (c) If any person aggrieved by an order made by the Minister under this section, desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the publication of the notice mentioned in paragraph (b) hereof, make an application for the purpose to the High Court, and if any such application is duly made, the Court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant.
  4. (d) Subject to the provisions of the last preceding paragraph an order shall not at any time be questioned by prohibition or certiorari or in any legal proceedings whatsoever.
  5. (e) Except by leave of the Court of Appeal no appeal shall lie to the House of Lords from a decision of the Court of Appeal in proceedings under this section.")

The Commons disagree to the above Amendment for the following Season:

Because they consider it unnecessary in view of the Amendments made by the Lords in page 14, line 42, and page 16, line 26, to which the Commons have agreed.


My Lords, I beg to move that the House doth not insist on this Amendment.

Moved, That this House doth not insist upon the said Amendment.—(Earl De La Warr.)


My Lords, I should like to explain my position with regard to this Amendment. The words on the Paper were my proposal during the Committee stage of the Bill. I asked your Lordships to take away those terrific powers that were given to the Minister under the Small Holdings Act of 1908. Your Lordships agreed with my suggestion, but when we came to the Report stage new provisos were put in the Bill insisting on the Minister working under Provisional Orders. You could not in a Bill of this kind have two alternative methods—the method of my Amendment and the method of the provisos put in on the Report stage. I only want to say that I stand by every word of my Amendment which was put in the Bill, but in the circumstances, owing to the new provisos put in, I do not feel that I can insist on my Amendment.

On Question, Motion agreed to: the said Amendment not insisted upon accordingly.