Clause 53
Crossrail Bill
4:15 pm
Tom Harris (Parliamentary Under-Secretary, Department for Transport; Glasgow South, Labour)
On this occasion, I am not even tempted to support the amendment, and I can explain why. Clause 53 is a technical provision that arises from the fact that, although under the Bill the power to acquire land compulsorily for Crossrail is conferred on the Secretary of State, as the hon. Gentleman rightly says, the power to carry out works on that land is conferred on the nominated undertaker. Section 10 of the 1965 Act gives a right to compensation in certain cases where, although landowners do not have particular land that they own compulsorily acquired from them, they none the less have rights associated with their land adversely affected by things done by the undertaker in constructing works on neighbouring land that has been acquired from someone else.
The purpose of clause 53 is to reflect the division of responsibilities made in the Bill so that, in such cases, it is made absolutely clear that the nominated undertaker pays the compensation under section 10 of the 1965 Act, rather than the Secretary of State, simply because of the practical reason that the actions of the nominated undertaker, in carrying out work on neighbouring land, have given rise to the right of compensation.
In this case, it is not the purchase of the land that has given rise to the right of compensation, but the “injurious affection”, as it is described in the clause. The clause does not change the cases where compensation arises, or the amount of compensation payable. It is concerned only with who will pay, as a consequence of the particular division of responsibilities in the Bill.
The amendment would negatively affect the clause by providing for the Secretary of State to pay the compensation. For that reason alone, I cannot support the amendment. I hope that the hon. Gentleman understands my point and withdraws the amendment.