Orders of the Day — Local Government (Development and Finance) (Scotland Bill – in the House of Commons at 12:00 am on 26 June 1964.
Mr Alexander Hendry
, Aberdeenshire West
12:00,
26 June 1964
I beg to move, in page 3, line 13, after "power", to insert (a).
I suggest that it would be for the convenience of the House to consider with this Amendment that in page 3, line 16.
Sir Harry Hylton-Foster
, Cities of London and Westminster
If the House so pleases.
Mr Alexander Hendry
, Aberdeenshire West
These Amendments are the result of suggestions made by various hon. Members at the thirteenth meeting of the Committee. The purpose is to make it clear that when an authority carries out work, or provides facilities, on land belonging to someone else, it has power to make an agreement with the owner of the land in question. In Committee, doubts were expressed about whether a local authority had that power under the Bill as drafted.
The Amendments also provide, in accordance with an undertaking which I gave in Committee, that these terms would include, where appropriate, provisions for securing public access to the land concerned and for safeguarding the interests of the public and local authorities in future under any such agreement. The safeguards are made secure against any less well intentioned landlord in future by a provision that any such agreement may be recorded in the appropriate register of seizins, which has the effect of making any such agreement enforceable against the heirs or successors of any landlord.
Further Amendments made: In page 3, line 16, at end insert:
and
(b) to make an agreement with persons having an interest in the land fixing the terms on which the local authority will exercise their said powers.
(3) The terms mentioned in the last foregoing subsection shall include, where appropriate, provision for securing public access to the land on which any works will have been carried out or facilities provided under the said powers and generally for safeguarding the interest of the public in any such works or facilities.
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