New Clause. — (Land compulsorily acquired under existing enactments whilst in a damaged condition.)

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

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Photo of Mr Donald Somervell Mr Donald Somervell , Crewe

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

This Clause deals with land which is compulsorily acquired under existing enactments whilst it is in a damaged condition. The subject was originally dealt with by a paragraph in one of the Schedules relating to Clause 8 (2, c). An Amendment was put down to delete that paragraph. It was generally felt in the Committee that it was not a satisfactory way of dealing with it and this Clause is now substituted. Under the proposed new Clause, the hypothetical person who has suffered damage will be entitled to his cost-of-works payment on the same principles as those which apply to other people. But there is a provision that if the works have not been fully executed at the time of the acquisition, he may get the extra amount that would have been expended on the works if they had been completely carried out. I think this is a simpler and fairer arrangement than that originally in the Bill. It is, of course, a consequence of the Clause that the acquiring authority will have to pay only the value of the site as damaged by war action.