HL Deb 18 June 1991 vol 530 cc67-8

1 Clause 1, page 2, line 10, leave out 'amount' and insert 'compensation'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1. I hope that the noble Lord, Lord Underhill, will be grateful to see this amendment on the Marshalled List. It follows a line of reasoning that he urged on me at Report stage and uses the same word, "compensation", as is used in the parallel Clause 1(4) and in the Scottish Clauses 25(7) and (8). There were subtle legal nuances which led to our original drafting and I tried to explain them to the noble Lord. But when a similar point was pressed in another place, my honourable friend was able to accept it. It has never been our intention to create a compensation system which favoured the concessionaire over the highway authority, and we are now happy that to use the word "compensation" in Clause 1(5) would be correct in the context of costs actually incurred. I beg to move.

Moved, that the House do agree with the Commons in their Amendment No. 1.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.