New Clause. — (Avoidance of duplica- tion of payments in respect of war damage.)

Orders of the Day — War Damage Bill. – in the House of Commons on 12th February 1941.

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  1. (1) Where any person is entitled under the Compensation (Defence) Act, 1939, to a payment in respect of war damage—
    1. (a) by reason of the doing of any work on land in the exercise of emergency powers; or
    2. (b) by reason of the occurrence of damage to a vehicle or aircraft requisitioned on behalf of His Majesty in the exercise of emergency powers,
    no payment in respect of the damage shall be made under the provisions of this Act or a policy issued under either of the schemes operated under Part II thereof to that person or to any person claiming under him.
  2. (2) Where war damage occurs to land or goods, and at the time when, apart from the provisions of this Sub-section, any payment (whether with or without interest) would be made to any person in respect thereof under Part I of this Act or under a policy issued under either of the schemes operated under Part II thereof, that person or any other person—
    1. (a) has received (otherwise than by way of loan) in respect of the damage any sum paid on behalf of His Majesty, not being a sum paid by virtue of the Compensation (Defence) Act, 1939, or of this Act; or
    2. (b) is entitled to receive (otherwise than by way of loan) in respect of the damage any sum payable on behalf of His Majesty, not being a sum payable by virtue of either of the said Acts,
    the payment under Part I of this Act or the policy shall be withheld or reduced, as the case may require, for the purpose of securing—
    1. (i) that the total amount (excluding any interest) paid in respect of the damage under the said Part I of the said policy is reduced by the aggregate of any such sums received or receivable in respect of the damage as are referred to in paragraphs (a) and (b) of this Sub-section; or
    2. (ii) if the aggregate of those sums exceeds the total amount (excluding any interest) which, apart from the provisions of this Subsection, would be payable in respect of the damage under the said Part I or the said policy, that no payment in respect of the damage is made under the said Part I or the said policy,
    and any interest on the payment shall be withheld or reduced accordingly.
  3. (3) No damages shall be recoverable in respect of war damage to land or goods occurring on or after the third day of September, nineteen hundred and thirty-nine, on the ground that the damage was attributable to negligence, nuisance or breach of duty and any action or other legal proceeding to recover such damages on that ground instituted before the commencement of this Act shall be discharged and made void, subject to such order as to costs as the court or a judge thereof may think fit to make.—[The Attorney-General.]

Brought up, and read the First time.

Photo of Mr Donald Somervell Mr Donald Somervell , Crewe

I beg to move, "That the Clause be read a Second time."

This Clause seeks to avoid duplication of payments in respect of war damage where compensation may have already been paid under the Compensation Defence Act. The second Sub-section deals with cases where ex gratin payments have already been made in respect of damage by balloons from balloon barrages and the third deals with a rather special point. There are, for example, certain by-laws affecting railway companies regarding the ammunition they carry, and it may be in the interests of the realm that these by-laws should have to be broken. It is possible that there may be war damage at a time when ammunition is being carried in these circumstances, and it is desired that all claims should be dealt with under this Bill. I think paragraph (b) may be rather more widely worded than is necessary, but I will look into the matter between now and the Report stage and perhaps make the words a little clearer.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.