HL Deb 31 July 1962 vol 243 cc152-3

Clause 25, page 24, line 24, leave out from beginning to end of line 30 and insert— ("(5) The last foregoing subsection shall not apply to Scotland, but in Scotland—

  1. (a) any expenses incurred by the Minister under subsection (2) or (3) of this section, after giving credit for any amount realised by the sale of materials, may be recovered by him from the owner of the building or structure demolished or, if there is more 153 than one owner, from the owners thereof in such shares as the sheriff may determine to be just and equitable; and any owner who pays to the Minister the full amount of his claim may recover from any other owner such contribution, if any, as the sheriff may determine to be just and equitable;
  2. (b) any surplus in the hands of the Minister shall be paid by him to the owner of the building or structure demolished, or, if there is more than one owner, shall be paid as those owners may agree or, in default of agreement, as the sheriff may determine to be just and equitable;
  3. (c) the sheriff within whose jurisdiction the building or structure demolished is situated shall have jurisdiction to hear and determine any proceedings under paragraph (a) or (b) of this subsection; and in determining for the purposes of this section the shares in which any expenses shall be paid or contributed by, or any surplus shall be divided between, two or more owners of any building or structure, the sheriff shall have regard to their respective interests in the building or structure, their respective obligations and liabilities in respect of maintenance and repair under any agreement, whether express or implied, and all the other circumstances of the case.")

LORD CHESHAM

My Lords, this Amendment goes with No. 107. Clause 25 makes provision as to the time of operation and effect of a demolition order made by the Minister to require the removal of a building or structure of some kind erected without consent within 10 feet of a pipe-line. He has power in Clause 25 to recover expenses incurred by him or to dispose of any surplus remaining in his hands as the result of such an order. He has that power only in England and Wales: the Bill as drafted does not cover Scotland in this respect The purpose of this Amendment, together with Amendment No. 107, is that the Bill should also cover Scotland. I beg to move that this House doth agree with the Commons in the said Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Chesham.)

On Question, Motion agreed to.