S.C.G.
Amendment Paper as at
Tuesday 28th January 2003
STANDING COMMITTEE G
PLANNING AND COMPULSORY PURCHASE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (9th January).
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
434
Clause 73, page 47, line 10 after 'authority', insert 'after consultation with all interested parties and the public.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
425
Clause 73, page 47, line 10, leave out 'think' and insert 'has reasonable grounds to believe'.
Mr Geoffrey Clifton-Brown
Sir Sidney Chapman
Sir Paul Beresford
Mr David Wilshire
430
Clause 73, page 47, line 10, leave out 'think' and insert 'can demonstrate'.
Mr Geoffrey Clifton-Brown
Sir Sidney Chapman
Sir Paul Beresford
Mr David Wilshire
431
Clause 73, page 47, line 10, leave out 'will facilitate' and insert 'is necessary for'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
426
Clause 73, page 47, line 16, leave out 'think' and insert 'has reasonable grounds to believe'.
Mr Geoffrey Clifton-Brown
Sir Sidney Chapman
Sir Paul Beresford
Mr David Wilshire
432
Clause 73, page 47, line 16, leave out 'think' and insert 'can demonstrate'.
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
433
Clause 73, page 47, line 24 at end insert—
'(d) the assembling of land for the purpose of development either by the public or private sector where the land subject to the compulsory purchase order has no known owner.'.
Mr Geoffrey Clifton-Brown
Sir Sidney Chapman
Sir Paul Beresford
Mr David Wilshire
429
Page 47, line 4, leave out Clause 73.
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
435
Clause 74, page 48, line 3, leave out subsection (2).
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
420
Clause 74, page 48, line 5, leave out '7.5%' and insert '15%'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
421
Clause 74, page 48, line 6, at end insert—
'(2A) The Secretary of State may from time to time by regulations prescribe different amounts for the purposes of subsection (2) above.
(2B) The power to make regulations under subsection (2A) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
419
Clause 74, page 48, line 8, leave out from second 'a' to 'case)' in line 9 and insert—
| '(a) | a freehold interest, or |
| (b) | an interest as tenant from year to year, or |
| (c) | an interest as tenant for more than a year |
and in cases (a) and (c) above'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
422
Clause 75, page 49, line 10, leave out '2.5%' and insert '5%'.
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
437
Clause 75, page 49, line 12 at end insert—
'(d) the land and building amount.'.
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
436
Clause 75, page 49, line 13, leave out subsection (3).
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
423
Clause 75, page 49, line 14, leave out '£25,000' and insert '£50,000'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
424
Clause 75, page 49, line 14, at end insert—
'(3A) The Secretary of State may from time to time by regulations prescribe different amounts for the purposes of subsections (2) and (3) above.
(3B) The power to make regulations under subsection (3A) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
438
Clause 75, page 50, line 13, leave out subsection (3).
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
439
Clause 76, page 51, line 7 after 'any', insert 'reasonable'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
191
Clause 76, page 51, line 7, at end insert—
'(1A) This section also applies to a person if—
| (a) | he is a person to whom sections 33A, 33B or 33C applies, and |
| (b) | his qualifying interest in land for the purposes of section 33A is acquired compulsorily under section 17 of the Housing Act 1985 (Acquisition of land for housing purposes).'. |
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
192
Clause 76, page 51, line 7, at end insert—
'(1A) This section also applies to a person if—
| (a) | he is a person to whom sections 33A, 33B or 33C applies, |
| (b) | his qualifying interest in land for the purposes of section 33A is acquired compulsorily under section 17 of the Housing Act 1985 (Acquisition of land for housing purposes), |
| (c) | a notice falling within subsection (4A) has been served on him in relation to the land mentioned in that section, and |
| (d) | the confirming authority has certified that it is satisfied that the acquiring authority sought to acquire the land compulsorily for the reason specified in the notice.'. |
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
440
Clause 76, page 51, line 8, leave out subsection (2).
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
193
Clause 76, page 51, line 15, after 'notices', insert 'referred to in subsection (1)'.
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
194
Clause 76, page 51, line 24, at end insert—
'(4A) The notice referred to in subsection (1A) is a notice in the prescribed form and served in the prescribed manner stating that the acquiring authority intends to acquire the land for the reason that the land or any part of it should be brought into residential use.'.
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
441
Clause 76, page 51, line 25, leave out subsection (5).
Mr Geoffrey Clifton-Brown
Mr David Wilshire
Sir Sydney Chapman
Sir Paul Beresford
Matthew Green
195
Clause 76, page 51, line 37, at end insert—
'(8) In this section—
| | "confirming authority" has the same meaning as in the Acquisition of Land Act 1981, |
| | "prescribed" means prescribed by regulations made by the Secretary of State.'. |
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
442
Clause 77, page 53, line 38, at end insert—
'(5A) Any repayment or additional payment arising from the provisions of subsection (5) above must be made within 21 days of the repayment or additional payment becoming confirmed.'.
Mr Geoffrey Clifton Brown
Mr David Wilshire
Sir Paul Beresford
Sir Sydney Chapman
443
Clause 77, page 53, line 43, at end insert—
'(7A) Interest must be paid at the end of every month.'.
Mr Geoffrey Clifton-Brown
Sir Sidney Chapman
Sir Paul Beresford
Mr David Wilshire
428
Clause 77, page 54, line 2, at end insert—
'(9)(a) Any loss payment made in accordance with section 33 shall without prejudice to the duty of the acquirer to pay just compensation under section 5 of the Land Compensation Act 1961.
(b) The amount of compensation to which a person is entitled in respect of the acquisition of an interest in land is such amount as, having regard to all relevant matters, will justly compensate the person for the acquisition.
(c) In assessing the amount of compensation to which the person is entitled regard shall be had to all relevant matters, save for any payment to be made under section 33A, 33B and 33C.'.
