HL Deb 21 October 1941 vol 120 cc313-6

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee (The Duke of Norfolk.)

On Question, Motion agreed to.

House in Committee accordingly:

[The Earl OF ONSLOW in the Chair.]

Clauses 1 to 8 agreed to.

Clause 9:

Power of Minister to buy requisitioned land.

(3) In determining the amount of compensation to be given for any land acquired compulsorily under this section, the value of that land shall be taken to be the value which it would have had at the date of the notice to treat if it had remained in the condition in which it was at the time when possession was taken by the Minister or the Committee, as the case may be, and such reduction, if any, shall be made in the compensation as is neces- sary in order to off-set any appreciation in the value of the land which is directly or indirectly ascribable to the war.

(6) Nothing in this section shall authorize the acquisition of any land which is, or forms part of, a Metropolitan common within the meaning of the Metropolitan Commons Act, 1866, or which is subject to regulation under an order or scheme made in pursuance of the Inclosure Acts, 1845 to 1882 or under any local Act or otherwise, or which is or forms part of any town or village green, or of any area dedicated or appropriated as a public park, garden or pleasure ground, or for use for the purposes of public recreation, or of any land the fee simple absolute in possession of which belongs to, and is held inalienably by, the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act, 1907, whether subject to any tenancy or not.

THE JOINT PARLIAMENTARY SECRETARY OF THE MINISTRY OF AGRICULTURE AND FISHERIES (THE DUKE OF NORFOLK) moved, in subsection (3), to leave out "value which it would have had at the date of the notice to treat" and insert "price which a willing seller would, at the date of the notice to treat, have been likely to obtain in the open market for the land." The noble Duke said: This Amendment is really a drafting Amendment to bring the wording of subsection (3) into conformity with subsection (3) of Clause 10. I beg to move.

Amendment moved— Page 7, line 9, leave out (" value which it would have had at the date of the notice to treat ") and insert the said new words.—(The Duke of Norfolk.)

On Question, Amendment agreed to.

THE DUKE OF NORFOLK moved, in subsection (6), after "subject," to insert "or might be made subject." The noble Duke said: This is another drafting Amendment and its purpose is to make quite clear that no common land can be acquired under the provisions of this clause. I beg to move.

Amendment moved— Page 7, line 37, after ("subject") insert ("or might be made subject ").—(The Duke of Norfolk.)

LORD HARMSWORTH

May I venture, on behalf of those who are particularly interested in the preservation of the commons and open spaces of the country, to thank the Government most cordially for this Amendment, which, though brief and very simple, entirely meets the case of those in whose interests I speak?

THE MARQUESS OF CREWE

May I add one word to what has been said by the noble Lord, on behalf of the Committee of the Society which has been dealing with this matter, agreeing with what he has said?

On Question, Amendment agreed to.

Clause 9, as amended, agreed to.

Clause 10:

Disposal of land required under the last preceding section.

(3) The said offer shall be an offer to sell the land for an estate in fee simple absolute in possession, subject however to any tenancies, easements or other rights which existed when the Minister acquired the land or were granted by the Minister in so far as they are still subsisting at the date of the offer, at such price as may be agreed, or, in default of agreement, as may be determined by arbitration to be the price which a willing seller would at the date of the offer have been likely to obtain in the open market:

Provided that where the price or compensation paid by the Minister for the acquisition of the land from the person to whom the offer is made or his predecessor in title included a sum in respect of severance from, or injurious affection of, other land, and the damage for which that sum was paid will be wholly or partly made good to the person to whom the offer is made by his availing himself of the offer, there shall be included in the price to be paid by him such sum as corresponds to the damage so made good, not exceeding the sum included as aforesaid in the price or compensation paid by the Minister.

THE DUKE OF NORFOLK moved, in subsection (3), after "price," where that word first occurs, to insert "as may be specified in the offer or, if the person to whom the offer is made so elects in accepting the offer, at such price." The noble Duke said: This Amendment is the first of two drafting Amendments to make it quite clear that the period of three months, which is mentioned in subsection (4) of Clause 10, shall be the period in which negotiations as to the price may be discussed. I beg to move.

Amendment moved— Page 8, line 39, after (" price ") insert the said words.—(The Duke of Norfolk.)

On Question, Amendment agreed to.

THE DUKE OF NORFOLK

The next Amendment, in the proviso in subsection (3), is consequential. I beg to move.

Amendment moved— Page 9, line 2, leave out from (" offer ") to (" such ") in line 3 and insert (" the Minister in considering what price he is prepared to accept, and the arbitrator, in determining what price is to be paid, shall include therein ").—(The Duke of Norfolk.)

On Question, Amendment agreed to.

Clause 10, as amended, agreed to.

Remaining clauses agreed to.

Schedules agreed to.