First Schedule. — (Amendments relating to the principal Act generally.)

Part of Orders of the Day — War Damage (Amendment) Bill. – in the House of Commons on 18th June 1942.

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Photo of Mr Donald Somervell Mr Donald Somervell , Crewe

I beg to move, in page 7, line 32, at the end, to insert: 5. Legal rentcharge on a hereditament to be a proprietary interest therein.

  1. (1) A rentcharge (including a fee farm rent) subsisting at law or capable of subsisting at law, and not being an interest or charge arising under a settlement within the meaning of the Settled Land Act, 1925, shall be a proprietary interest for the purposes of the pro- visions of the principal Act relating to payments in respect of war damage under Part I thereof.
  2. (2) In accordance with the preceding subparagraph there shall be added at the end of the definition in Section ninety-five of the expression 'proprietary interest' a provision that that expression includes, in relation to a hereditament, such a rentcharge as aforesaid subsisting in the land comprised in the hereditament or in any part of that land, that is to say, issuing thereout or charged thereon.
  3. (3) This paragraph shall not apply to Scotland.
  4. (4) In the application of this paragraph to Northern Ireland, for any reference to the Settled Land Act, 1925, there shall be substituted a reference to the Settled Land Acts, 1882 to 1890.
6. Superiority and ground annual on a hereditament to be a proprietary interest therein.
  1. (1) The estate or interest of the superior of any land comprised in a hereditament or or of any part of such land and the right of the creditor in a security by way of ground annual over such land or part shall each be a proprietary interest for the purposes of the provisions of the principal Act relating to payments in respect of war damage under Part I thereof.
  2. (2) This paragraph shall apply to Scotland only."