Examination of Witnesses (Questions 5840
- 5859)
5840. CHAIRMAN: All the things that are
underlined are the propositions that you have put to the Promoters
in 2006?
5841. MS JONES: That is correct.
5842. BARONESS FOOKES: It is effectively
two sets of amendments, the 2006 ones and ones you have done over
the lunch hour?
5843. MS JONES: That is absolutely right,
to deal with various issues which have popped up since and which
normally you would think of in the course of dealing with anything.
5844. CHAIRMAN: Where we have on, for
instance, the fifth page the whole collection of lines crossed
out, that is your crossing out in 2006, is it?
5845. MS JONES: Forgive me, which cross
is that?
5846. CHAIRMAN: None of these things
are ever numbered, 2.13 I think it is.
5847. MS JONES: 2.13, that is right.
That is a track change and that was from 2006.
5848. CHAIRMAN: You crossed all these
things out?
5849. MS JONES: Correct.
5850. CHAIRMAN: Then I go on a bit, I
get to page four "Costs" and "Schedule Defects"
in 5 and the proviso in 5.2 has been taken out and that is a new
proposition that you put forward today, is it?
5851. MS JONES: That is correct and that
is something which was arising out of what, I think, the Committee
in the other place recommended.
5852. CHAIRMAN: I think we have got the
system in our heads and I must invite the Promoters to say what
they think we ought to do about this. Mr Mould?
5853. MR MOULD: Yes.
5854. CHAIRMAN: Could I just start off
by saying presumably if these changes are made for Ms Jones they
have got to be made for all the people who either have or are
going to enter into Deeds of Settlement?
5855. MR MOULD: That is right. We are
at the stage at present where we have what I think I called last
week "a specimen" or "a template deed". If
we were to make changes to that template in response to Ms Jones's
suggestions, plainly we would have to re-issue the Deed in that
revised form, no doubt as a partial re-issue of the Information
Paper D12, which you have, and one can well imagine other interested
parties, petitioners or perhaps those who have hitherto not petitioned
because they are content with the Deed in the form it is at the
present time would want to have look at it and may want to say
something about it.
5856. CHAIRMAN: Have a number of people
already entered into these Deeds of Settlement?
5857. MR MOULD: I will have to take instructions
on that, if I may (Mr Mould took instructions). The position is
this: we have not entered into any Settlement Deeds as such at
this stage. What we have done is to have entered into a number
of contractual undertakings with property owners in which we have
agreed that we shall enter into a Deed with them in terms that
are not less advantageous than the terms set out in the template
deed that you have in front of you.
5858. CHAIRMAN: Not more advantageous
either?
5859. MR MOULD: That does not necessarily
follow because it may be in due time that matters arise with further
protective provisions that we agree that particular party should
have. I do not say that is necessarily the case, but the purpose
of saying not less advantageous is that they have that measure
of protection that they will at least have the advantage which
the current form of the Deed offers them.
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