§ Page 9, line 25. The Commons have reinserted lines 25 to 34 (which were formally omitted by the Lords, on Third Reading, as a Privilege Amendment) in the following form:
§ ("Provided that where the road as so widened or constructed incorporates land which before the widening or construction was a road or was before the passing of this Act a proposed road, compensation shall be payable under this section in respect of any adjacent land not acquired by the highway authority as if the restrictions as to means of access had related to the road or proposed road so incorporated, and as if the widening thereof or the construction of the new road, as the case may be, had not taken place.")
Page 9, line 34. The Commons have reinserted subsection (4) (which was formally omitted by the Lords, on Third Reading, as a Privilege Amendment) in the following form.:
("(4) In awarding compensation under this section in respect of any estate or interest in land the compensation shall, subject to the provisions of this section, be a sum equal to the difference between the market value of the estate or interest when the piece of land is subject to the restrictions and what would have been the market value of that estate or interest if the piece of land had not been so subject:
§ Provided that—
- (a) in assessing the market value of the estate or interest when the piece of land is subject to the restrictions, there shall be taken into account any modification of those restrictions by reason of any consent given by the highway authority and any conditions attached to such consent., or by reason of any undertaking given or proposed to be given by the highway authority and any such consent, conditions, or undertaking, shall be embodied in the award;
- (b) there shall be taken into account any benefit which may accrue to any land in which the claimant has an estate or interest by reason of the construction or improvement, by any other person at any time after the coining into force of restrictions under this Act, upon land adjacent to the land in respect of which compensation is claimed, of any road or of any carriageway or other way subsidiary to such a load, or by reason of the coming into force of the restrictions;
- (c) if the piece of land has, since the date on which the restrictions came into force, become, or ceased to be, separate from other land, the amount of compensation shall not be enhanced by reason of its having so become or ceased. For the purposes of this paragraph a piece of land shall be deemed to be separate from other land when the person having the estate or interest therein in respect of
1042 which compensation is claimed has not the like estate or interest in the other land.")
Clause 8, Page 10, line 43, at end insert:
("(5) Where any compensation is payable under the provisions of this section in respect of injurious affection to any estate or interest in any piece of land, being glebe land or other land belonging to an ecclesiastical benefice, the sums agreed upon or ordered to be paid by way of compensation for that injurious affection shall be paid to the Ecclesiastical Commissioners, to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice.")
§ THE EARL OF PLYMOUTH
My Lords, I should like to take the Amendment on page 9, line 25, and the next two Amendments together, if I may. Owing to the question of Privilege it was necessary in another place formally to move into the Bill the words contained in this Amendment. Save for drafting Amendments, this Amendment is identical with the original clause. So far as the next Amendment is concerned I would merely like to point out that subsection (5) is new. Apart from that, and apart from some drafting Amendments, this again is the same clause as it originally stood in the Bill in your Lordships' House. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Earl of Plymouth.)
§ On Question, Motion agreed to.