HL Deb 09 November 1944 vol 133 cc1076-8

Amount of Compensation.

1. The compensation to be paid—

shall in default of agreement be assessed by the arbitration of the tribunal constituted in accordance with the provisions of part II of this Schedule, and the amount of the compensation shall be an amount calculated in accordance with the provisions of the next following paragraph:

Provided that, as respects compensation in respect of a compulsory purchase, if before the expiration of two months from the date on which notice to treat is served, or deemed by virtue of the Sixth Schedule to this Act to have been served in respect of the interest of the person by whom the statutory undertaking is carried on that person gives notice in writing to the purchasing authority that he elects that the compensation shall be assessed in accordance with the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, excluding Rule 5 set out in Section two of the last mentioned Act, and by the arbitration of an official arbitrator, the compensation shall be so assessed.

THE LORD CHANCELLOR

The first Amendment is drafting.

Amendment moved— Page 71, line 8, leave out from ("served") to ("in") in line 9.—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

The next Amendment is also drafting.

Amendment moved— Page 71, line 11, after the second ("that") insert ("as respects all or any of the land comprised in the purchase").—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR moved, in the proviso in paragraph 1, to leave out "assessed in accordance with the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, excluding Rule 5 set out in Section two of the last mentioned Act and by the arbitration of an official arbitrator," and insert "ascertained in accordance with the enactments, other than Rule (5) of the rules set out in Section two of the Acquisition of Land (Assessment of Compensation Act, 1919, which would be applicable apart from the provisions of this Schedule." The noble and learned Viscount said: Some doubt has been expressed as to whether the expression "doing work," which occurs in this part of the Bill, would cover the case of providing apparatus as part of what is called adjustment, and the object of the Amendment is to remove that doubt.

Amendment moved— Page 7[...], line 12, leave out from ("be") to the second ("the") in line 15 and insert the said words.—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

There are two more drafting Amendments.

Amendments moved—

Page 71, line 16, leave out ("assessed") and insert ("ascertained");

Page 71, line 21, after ("land") insert ("providing apparatus")—(The Lord Chancellor).

On Question, Amendments agreed to.

Fourth Schedule, as amended, agreed to.

Fifth Schedule: