Orders of the Day — Fourth Schedule. — (Payments under Part I in cases of Repeated Damage.)

– in the House of Commons on 12th February 1941.

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Amendments made:

In page 55, line 24, after "effect," insert: both in relation to such temporary works as are therein mentioned, and also.

In line 29, leave out "and any temporary works payment."

In line 31, leave out from "but," to the end of line 34, and insert: shall be taken into account in determining the amount, if any, to be paid under the preceding proviso."—[Sir K. Wood.]

Photo of Mr Donald Somervell Mr Donald Somervell , Crewe

I beg to move, in page 55, line 42, at the end, to insert: (d) if the title to the hereditament has altered as respects the proprietary interests subsisting therein, or as respects the ownership of the subsistence of a mortgage of any of those interests, between the earliest occasion and the subsequent occasion, the provisions of Part I of this Act, the operation of which depends upon those matters, shall have effect as if the damage had occurred on the subsequent occasion; and(e) the interest on the single-value payment shall run from the subsequent occasion. This Amendment deals with the case in which property, which has been once damaged, is transferred, and then, after the transfer, further damage takes place. It is impossible to dissociate the damage that took place on the first occasion from the damage which took place on the second. You therefore deem the damage to have taken place on the second occasion. That would produce no unfairness because the person who owned the property would have dealt with it under the provisions of the Bill.

Amendment agreed to.

Further Amendment made:

In page 56, line 15, at the end, insert: with the substitution, for each reference to the subsequent occasion mentioned in that proviso, of a reference to such one of the occasions of damage taken into account under this paragraph as the Commission may determine."—[Sir K. Wood.]

Schedule, as amended, agreed to.