HL Deb 15 April 1946 vol 140 cc779-80

Validity and date of operation of compulsory purchase orders.

15.—(1) If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provision contained therein, on the ground that the authorization of a compulsory purchase thereby granted is not empowered to be granted under this Act or any such enactment as is mentioned in subsection (1) of Section one of this Act, or if any person aggrieved by a compulsory purchase order or a certificate under Part III of this Schedule desires to question the validity thereof on the ground that any requirement of this Act or of any regulation made there under has not been complied with in relation to the order or certificate, he may, within twenty-eight days from the date on which notice of the confirmation or making of the order or of the giving of the certificate is first published in accordance with the provisions of this Schedule in that behalf, make an application to the High Court, and on any such application the Court—

THE LORD CHANCELLOR moved, in sub-paragraph (1) of paragraph 15, to leave out "twenty-eight days" and insert "six weeks." The noble and learned Lord said: My Lords, in answer to your Lordships' blandishments I promised that we would see what we could do and I hope we have satisfied your Lordships. Any rate, we have done what we can. I may say that I am not altogether praised by the Ministry of Health when I make these concessions, and I think we are making a real concession here. I have found out—the noble and learned Viscount, Lord Maugham, raised the question—that even though the Courts are not sitting, this application to the Courts is done by means of an originating summons. I beg to move.

Amendment moved— Page 18, line 26, leave out ("twenty-eight days") and insert ("six weeks").—(The Lord Chancellor.)


My Lords, I would like to thank the noble and learned Lord Chancellor for this concession.

On Question, Amendment agreed to.