HL Deb 03 April 1962 vol 239 cc165-8

1.—(1) In relation to a compulsory purchase order, the Lands Clauses Acts are hereby incorporated with this Act, with the exception of the following provisions of the Lands Clauses Consolidation Act, 1845, namely:—

LORD FARINGDON moved, in paragraph 1 (1), to leave out sub-paragraphs (b) and (c). The noble Lord said: Paragraph l of this Schedule, for the purposes of a compulsory purchase order, brings into operation the Lands Clauses Acts, which are incorporated in this Bill, with the exception of certain provisions, in particular subsection (b) —which I move to delete—so that in certain circumstances the superfluous land which has been acquired by the promoters under the provisions of the Act shall vest in and become the property of the owners of the lands adjoining. Secondly, before the promoters of the undertaking dispose of any such superfluous land they shall, unless such lands are situated within a town, or are lands built upon or used for building purposes, offer it to owners of adjoining lands in succession. Section 133 of the Lands Clauses Consolidation Act, 1845, provides that if the promoters of the undertaking become possessed of any lands they shall be liable to make good deficiencies in general rate, until any works be completed and assessed.

I understand that these two exceptions are commonly made in the case of Bills promoted by public undertakings, but what we are discussing to-day is a private profit-making undertaking. I should have thought that they were not eligible for these particular exceptions, and that these particular sections ought in fact to apply to a pipe-line undertaking. I am hopeful that your Lordships will agree with me on this, because, after all, we have had some rather notorious and disagreeable experiences where lands which have been compulsorily acquired have not been offered back to the persons from whom they were originally acquired, or even to adjacent owners. I beg to move.

Amendment moved— Page 45, leave out lines 1 to 4.—(Lord Faringdon.)


The noble Lord has, of course, correctly stated the position as to paragraph 1 of the First Schedule. While I am interested in what he says and in the case he has put forward, may I say that in the case of compulsory purchase under this Bill the amount of the land which will be acquired will be in very small parcels. It will be for pumping stations, and occasionally here and there for actually laying the pipe-line, but, on the whole, the pieces of land to be acquired will be very small and it is not easy to see how there will be any superfluous land for sale under the protection which would otherwise be required. Nor is it very clear to see how any deficiency in rates could arise for the same reason. That is why the Bill has been drawn as it is. If the noble Lord feels doubts about the matter I shall be very pleased to double-check whether anything is required in this regard. I do not think it is, but I should be very happy, as I say, to double-check it if the noble Lord would like to withdraw the Amendmnt.


I thank the noble Lord very much for his assurance, which I accept. I am not quite happy about what he says. I was already aware, of course, that the amount of land involved was very small, but if the original owner, who will presumably still be the owner of the adjoining land, found later on that for some reason even a very small parcel of land belonging to the undertaker was no longer needed for his purpose and therefore was disposed of, even though the parcel of land was very small, a most vexatious development could take place. I therefore urge that the noble Lord should consider this rather carefully. But with his assurance I am quite content at present. I beg leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Third Schedule agreed to.

Fourth Schedule [Ancillary Rights that may be conferred by a Compulsory Rights Order]:


This Amendment is consequential. I beg to move.

Amendment moved— Page 46, leave out lines 21 to 23.—(Lord Chesham.)

On Question, Amendment agreed to.


Again, this Amendment is consequential. I beg to move.

Amendment moved— Page 46, line 34, leave out from ("pipeline") to end of line 35.—(Lord Chesham.)

On Question, Amendment agreed to.

Fourth Schedule, as amended, agreed to.

Fifth Schedule [Provisions for controlling execution, by virtue of Compulsory Rights Order, of works on railway land]:


I do not want to detain your Lordships for very long now that we have got through this Committee stage very well, but I think I must just ask your Lordships to bear with me long enough far me simply to say that this Amendment is drafting.

Amendment moved— Page 48, line 47, leave out ("paragraph") and insert ("head").—(Lord Chesham.)

On Question, Amendment agreed to.

Fifth Schedule, as amended, agreed to.

Remaining Schedule agreed to.

House resumed.

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