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Housing and Planning Bill - Report (5th Day) (Continued)

Part of the debate – in the House of Lords at 10:00 pm on 25th April 2016.

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Amendments 128K to 128S

Moved by Viscount Younger of Leckie

128K: Clause 168, page 86, line 8, before “omit” insert “in sub-paragraph (1)—(i) in the words before paragraph (a), after “every owner of that land” insert “so far as known to the acquiring authority after making diligent inquiry in accordance with section 5(1) of the Compulsory Purchase Act 1965”;(ii) in the words after paragraph (b),”

128L: Clause 168, page 86, leave out lines 29 to 41 and insert—““4A(1) This paragraph applies where— (a) an acquiring authority have given a notice under paragraph 4(1) but have not yet entered on and taken possession of the land, and(b) the authority become aware of an owner (“the newly identified owner”) to whom they ought to have given a notice to treat under section 5(1) of the Compulsory Purchase Act 1965 but have not._(2) Any notice already served under paragraph 4(1) remains valid, but the authority may not enter on and take possession of the land unless they serve on the newly identified owner—(a) a notice to treat under section 5(1) of the Compulsory Purchase Act 1965, and(b) a notice under paragraph 4(1)._(3) Sub-paragraph (4) applies for the purpose of determining the period to be specified in the notice under paragraph 4(1) served on the newly identified owner if—(a) the owner is an occupier of the land and the authority were not aware of the owner because they were given misleading information when carrying out inquiries under section 5(1) of the Compulsory Purchase Act 1965, or(b) the owner is not an occupier of the land._(4) The period must be a period that ends— (a) no earlier than the end of the period of 14 days beginning with the day on which the notice of entry is served, and(b) no earlier than the end of the period specified in any previous notice under paragraph 4(1) given by the acquiring authority in respect of the land.”

128M: Clause 168, page 86, line 45, leave out “a person who is in possession of” and insert “an occupier with an interest in”

128N: Clause 168, page 86, line 45, leave out “the person” and insert “the occupier”

128P: Clause 168, page 87, line 3, leave out “the person” and insert “the occupier”

128Q: Clause 168, page 87, line 11, at end insert—“(3A) A counter-notice under sub-paragraph (1) has no effect if the notice to treat relating to the land is withdrawn or ceases to have effect before the date specified in the counter-notice.(3B) A counter-notice under sub-paragraph (1) has no effect if it would require an acquiring authority to take possession of land at a time when either paragraph 4A of this Schedule or paragraph 5 of Schedule 2A to the Compulsory Purchase Act 1965 prohibit the authority from entering on and taking possession of the land.(3C) If sub-paragraph (3B) applies, the authority must notify the occupier who served the counter-notice—(a) that the counter-notice has no effect, and(b) if the authority serve a notice under paragraph 4(1) of this Schedule as mentioned in paragraph 4A(2)(b) of this Schedule, of the date after which the authority could enter on and take possession of the land.(3D) If a counter-notice served under sub-paragraph (1) has no effect because of sub-paragraph (3B), the occupier who served it may serve a further counter-notice.”

128R: Clause 168, page 87, line 13, leave out “person who is in possession of” and insert “occupier with the same interest in”

128S: Clause 168, page 87, line 14, leave out “person in possession” and insert “occupier with an interest in land”

Amendments 128K to 128S agreed.

Clause 171: Making a claim for compensation