§ Adjustments where provision for expedited completion made
§ 11. Where any of the land designated by a purchase order providing for expedited completion constitutes a part only of land comprised in a lease for a term of years unexpired. Section one hundred and nineteen of the Lands Clauses Consolidation Act, 1845, shall have effect subject to the modification that, for references therein to the time of the opportionment of rent therein mentioned, there shall be substituted references to the time of the vesting in the purchasing authority of the first-mentioned land under paragraph 4 of this Schedule.
§ 4.45 p.m.
§ THE LORD CHANCELLORThe first Amendment to this Schedule is very nearly a drafting Amendment. As the Bill was introduced there was a procedure in the Sixth Schedule which was to expedite the completion of compulsory purchasing. I need not recite the details. We have amended Clause 16, subsection (3) of the Bill—or rather it was done in the other House—so as to enable that procedure to be applied to part only of 1083 the land designated by the order. The consequence of all that is that the Schedule will be easier to understand if the relevant references are worded throughout so as to relate only to the land, whether to the whole or part of the land, to which the procedure applies. It is one of those efforts intended to make this part of the Bill easier to understand.
§
Amendment moved—
Page 77, line 30, leave out ("designated by") and insert ("as respects which this Schedule applies by virtue of").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLORThe next three Amendments are drafting Amendments.
§ Amendments moved—
§ Page 77, line 34, leave out from ("party") to the end of line 37 and insert ("in respect of any interest in land shall be the date on which the order is registered in the register of local land charges by the proper officer of the council mentioned in Section sixteen of this Act in whose area that land is situated.")
§ Page 78, line 8, leave out ("order") and insert ("land in which the tenancy subsists,")
§ Page 78, line 12, at end insert (", and that the landlord will exercise any option to determine the tenancy then or thereafter available to him.)").—(The Lord Chancellor).
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLORThe next Amendment is to leave out paragraph 2. As things have now been reframed that paragraph 2 is unnecessary.
§
Amendment moved—
Page 78, line 13, leave out paragraph 2.
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLORThe next two Amendments are consequential drafting changes.
§ Amendments moved—
§ Page 78, line 39, leave out ("designated by") and insert ("as respects which this Schedule applies by virtue of")
§ Page 78, line 47, leave out ("designated by") and insert ("as respects which this Schedule applies by virtue of").—(The Lord Chancellor.)
§ On Question, Amendments agreed to.
§
LORD AMMON moved, in sub-paragraph (2) of paragraph 4, to leave out "two months" and insert "one month." The noble Lord said: This is a matter of not very vital importance, but neverthe-
1084
less it has some importance in the matter of time. Sub-paragraph (2) of paragraph 4 of the Sixth Schedule provides:
The earliest time at which such a declaration may be executed shall be the expiration of two months from the date of first publication of the notice of confirmation of the order required by this Act to be published.
It is difficult to understand the reason for proposing the interval of two months and it is suggested it would be possible to execute the declaration at any time after the expiration of the period of twenty-eight days or one month. I beg to move.
§
Amendment moved—
Page 79, line 7, leave out ("two months") and insert ("one month").—(Lord Ammon.)
§ THE LORD CHANCELLORMy noble friend Lord Ammon gave of course a perfectly accurate account of the subparagraph which he is suggesting might be amended, but he did not add that there follows a proviso in the Bill as it stands, and the proviso is really designed to give the opportunity for a shorter time in such cases where it is possible. The question becomes a very narrow one really: Are you going to say one month in all cases or are you going to say two months with a proviso that you will get one month where it is practicable to do so? I am advised that there are cases really in which it would be necessary to have the two months, and I hope it is understood that there is this proviso which will shorten the time and that my noble friend will be content with it.
§ LORD AMMONI beg leave to withdraw the Amendment.
§ Amendment, by leave, withdrawn.
§ THE LORD CHANCELLOR moved, in sub-paragraph (3) of paragraph 4, after "thereby," to insert "other than any of the land therein in which a minor tenancy, or a long tenancy which is about to expire, is subsisting, and in every other person who has given information to the authority in relation to any of the land therein pursuant to such invitation as is mentioned in paragraph 2 of this Schedule." The noble and learned Viscount said: I do not know if it will be of interest to your Lordships to know the reasons why this Amendment is proposed. They are very long and when you come to the end of them you realize that the change is really a drafting change. I ask your Lordships to take 1085 that from me. I do not propose to give an explanation unless any of your Lordships feel you must have one. I beg to move.
§
Amendment moved—
Page 79, line 20, after ("thereby") insert the said words.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§
THE LORD CHANCELLOR moved, in sub-paragraph (5) of paragraph 4, to leave out all words after "paragraph," where that word occurs for the second time, and insert:
in which a minor tenancy, or a long tenancy which is about to expire, is subsisting, that is to say—
§ The noble and learned Viscount said: This is really part of the change that I have already indicated and is also drafting. I beg to move.
§
Amendment moved—
Page 80, line 1, leave out from ("paragraph") to the end of line 22 and insert the said new words.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLORThe next two Amendments are also drafting. I beg to move.
§ Amendments moved—
§ Page 80, line 27, leave out sub-paragraph (7)
§ Page 80, line 33, leave out ("designated by") and insert ("as respects which this 1086 Schedule applies by virtue of").—(The Lord Chancellor.)
§ On Question, Amendments agreed to.
§ THE LORD CHANCELLORThe next four Amendments are drafting. I beg to move.
§ Amendments moved—
§ Page 81, line 46, leave out ("designated by") and insert ("as respects which this Schedule applies by virtue of")
§ Page 82, line 6, leave out ("designated by") and insert ("as respects which this Schedule applies by virtue of")
§ Page 82, line 17, leave out ("designated by") and insert ("as respects which this Schedule applies by virtue of")
§ Page 82, line 27, leave out ("designated by") and insert ("as respects which this Schedule applies by virtue of")—(The Lord Chancellor.)
§ On Question, Amendments agreed to.
§ THE LORD CHANCELLOR moved, in paragraph II, after the last "the" to insert: "leasehold interest in the". The noble and learned Viscount said: Paragraph II of the Sixth Schedule to the Bill deals with the position where a part only of land in lease is purchased and there is an expedited statutory vesting in the purchasing authority. The tenant must, of course, be relieved of liability for such part of the rent as is apportioned to the land purchased. Paragraph ii as it stands provides that the relief is to take effect from the time of vesting. But it may happen under paragraph 4 (5) of the Schedule that the tenant is allowed to remain in possession for some time after the freehold vests in the purchasing authority, and in that case the relief should take effect only from the time of vesting of the tenant's interest. The purpose of this Amendment is to secure that result.
§
Amendment moved—
Page 82, line 33, after the fourth ("the") insert ("leasehold interest in the").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLORThe next two Amendments are drafting. I beg to move.
§ Amendments moved—
§ Page 82, line 48, leave out ("Department") and insert ("Minister").
§ Page 83, line 1, leave out sub-paragraph (2).—(The Lord Chancellor.)
§ On Question, Amendments agreed to.
§ Sixth Schedule, as amended, agreed to.
1087§ Seventh Schedule [Application of rule as to assessment of compensation in certain special cases]:
§
THE LORD CHANCELLOR moved to add to the Schedule:
4. Where a person is in possession of a holding as defined for the purposes of the Agricultural Holdings Act, 1923, having an interest therein greater than as tenant for a year or from year to year, then so far as the value of the interest is attributable to crops it shall be ascertained in like manner as in the case of the interest of a tenant from year to year, that is to say, without regard to the rule set out in subsection (1) of Section fifty-two of this Act.
§ The noble and learned Viscount said: We have already passed an Amendment which makes it necessary to add these words to the Seventh Schedule. I beg to move.
§
Amendment moved—
Page 83, line 34, at end insert the said paragraph.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Seventh Schedule, as amended, agreed to.
§ 4.56 p.m.
§ THE LORD CHANCELLOR moved to insert the following new Schedule: