HL Deb 08 November 1989 vol 512 cc802-3

169 Clause 48, page 44, line 4, leave out from 'liable' to end of line 7 and insert `to pay compensation ("the appropriate compensation") in accordance with this section'.

170 Page 44, line 8, leave out `related or' and insert 'in force at the relevant time'.

171 Page 44, leave out lines 12 to 14 and insert "the appropriate compensation is a sum equal to that part of the value of any premises which is attributable to expenditure incurred in relation to the premises, while the home was a controlled community home, by the authority who were then the responsible authority.'

172 Page 44, line 15, leave out `related or' and insert 'in force at the relevant time'.

173 Page 44, line 19, leave out from beginning to 'a' in line 20 and insert 'the appropriate compensation is'.

174 Page 44, line 25, leave out `was' and insert 'is at the relevant time'.

175 Page 44, line 27, leave out from `home' to 'a' in line 28 and insert `the appropriate compensation is'.

176 Page 44, line 36, at end insert— '(4A) The appropriate compensation shall be paid—

  1. (a) in the case of compensation payable under subsection (2), to the authority who were the responsible authority at the relevant time; and
  2. (b) in any other case, to the Secretary of State.'.

177 Page 44, leave out lines 38 to 42.

178 Page 44, line 47, leave out second `premises' and insert `any premises or part of premises (including land)'.

179 Page 45, line 1, leave out 'was, or is' and insert `is at the relevant time'.

180 Page 45, line 3, leave out 'used for the purposes of the home are not' and insert `are not at the relevant time'.

181 Page 45, line 6, leave out from beginning to `and' in line 13 and insert '"the relevant time" means the time immediately before the liability to pay arises under subsection (1)'.

182 Page 45, line 27, leave out 'was, or is' and insert 'is at the relevant time'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 169 to 182. These are drafting amendments designed to remove ambiguity in the existing draft. Clause 48(1) sets out the liability of a proprietor of a controlled or assisted community home to pay compensation on closure of the home or on disposal of premises. The amount payable will in effect be the increase in the value of the premises which is attributable to the expenditure of public money. Clause 48 is being restructured so that subsection (I) will refer only to liability to repay "the appropriate compensation". The appropriate compensation will then be defined for each case in the relevant subsection of Clause 48.

Amendments Nos. 170 to 182 clarify what is meant by "appropriate compensation" in the particular circumstances. The overall effect of the clause is unchanged; the presentation is improved.

Moved, That the House do agree with the Commons in the said amendments. —(The Lord Chancellor.)

On Question, Motion agreed to.