§ 1. This Schedule applies to compensation under section (Compensation in respect of certain measures taken by aerodrome managers) of this Act (in this Schedule referred to as "the relevant section").
§ 2. No compensation to which this Schedule applies shall be payable unless the person to whom it is payable in accordance with the relevant section (or in accordance with regulations made under the following provisions of this Schedule) serves on the manager of the aerodrome by whom the measures in question 451 were taken a notice in writing claiming compensation under that section, and that notice is served before the end of the period of twelve months from the completion of the measures.
§ 3. In relation to any measures taken by the manager of an aerodrome on land outside the aerodrome, any reference in the relevant section to a direction, or to compliance with a direction, shall be construed as if subsection (6) of section (Limitations of scope of directions under ss. (Power to impose restrictions in relation to aircraft) to (General power to direct measures to be taken for purposes to which Part II applies)) of this Act were omitted.
§ 4. In calculating value for any of the purposes of the relevant section—
- (a) rules (2) to (4) of the rules set out in section 5 of the Land Compensation Act 1961 shall apply with the necessary modifications, and
- (b) if the interest to be valued is subject to a mortgage, it shall be treated as if it were not subject to the mortgage.
§ 5. Regulations made by the Secretary of State by stautory instrument may make provision—
- (a) requiring compensation to which this Schedule applies, in such cases as may be specified in the regulations, to be paid to a person other than the person entitled to it in accordance with the relevant section;
- (b) as to the application of any compensation to which this Schedule applies, or any part of it, in cases where the right to claim compensation is exercisable by reference to an interest in land which is subject to a mortgage, or to a rentcharge, or to the trusts of a settlement, or, in Scotland, to a feuduty or ground annual or to the purposes of a trust, or which was so subject at a time specified in the regulations; or
- (c) as to any assumptions to be made, or matters to be taken into or left out of account, for the purpose of assessing any compensation to which this Schedule applies.
§ 6. Any statutory instrument whereby any regulations are made under paragraph 5 of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.
§ 7. Any dispute arising under the relevant section or under this Schedule, whether as to the right to any compensation or as to the amount of any compensation or otherwise, shall be referred to and determined by the lands Tribunal.
§ 8. In the application of this Schedule to Scotland—
- (a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 shall be construed as a reference to section 12 of the Land Compensation (Scotland) Act 1963, and
- (b) the reference in paragraph 7 to the Lands Tribunal shall be construed as a reference to the Lands Tribunal for Scotland.
§ 9. In the application of this Schedule to Northern Ireland—
- (a) the reference in paragraph 4(a) to section 5 of the Land Compensation Act 1961 shall be construed as a reference to section 2 of the Acquisition of Land (Assessment of Compensation) Act 1919 (as substituted by section 13(1) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964), and
- (b) the reference in paragraph 7 to the Lands Tribunal shall be construed as a reference to the Lands Tribunal for Northern Ireland.
§ 10. In this Schedule "mortgage" includes any charge or lien on any property for securing money or money's worth, and any heritable security within the meaning of section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970.")
§ The noble Lord said: I beg to move this Schedule dealing with compensation. I do not think that I need go through it in detail in all its various provisions. I would draw attention to the provision for regulations, and that is to permit the details of the compensation provisions to be brought into line with any changes in policy with regard to compulsory purchase compensation, so as to avoid cluttering up the Bill with excessive detail.
§ On Question, Amendment agreed to.
§ The Title:
§
LORD DRUMALBYN moved Amendment No. 33:
Line 2, at end insert ("and to make other provision for the protection of aircraft and aerodromes against acts of violence").
§
The noble Lord said: This is an Amendment to the Title. The Amendment adds:
and to make other provision for the protection of aircraft and aerodromes against acts of violence".
This is simply to reflect in the Long Title of the Bill the additional purposes of the Bill contained in the clauses that we have now added. I beg to move.
§ On Question, Amendment agreed to.
§ Title, as amended, agreed to.
§ House resumed: Bill reported, with the Amendments.