Lords Amendment agreed to: In page 47, line 33, at end, insert:
(4) Any person having an interest in any building which it is proposed to acquire compulsorily under this Section may, within twenty-eight days after the service of the notice required to be served under paragraph 3 of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946, apply to a court of summary jurisdiction for the petty sessional division or place within which the building to which the notice relates is situated for an order staying further proceedings on the compulsory purchase order, and if the court is satisfied that reasonable steps are being taken for properly preserving the building, they shall make an order accordingly.
Any person aggrieved by the decision of a court of summary jurisdiction under this Subsection may appeal against that decision to a court of quarter sessions
Lords Amendment: In page 47, line 33, after the Amendment last inserted, insert:
(4) Where any building is acquired under the provisions of Subsection (1) of this Section the council of the county or county borough of county district, by whom the building is acquired shall observe the provisions of the building preservation order relating to that building.
§ Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."
§ Mr. H. Strauss
I beg to move, as an Amendment to the Lords Amendment, in line 2, to leave out "of Subsection (1)."
837 This is an exploratory Amendment which I can explain in a very few words. The object which we seek to accomplish, though our Amendment may not be necessary for that purpose, is one which I think the Minister will approve. It will be observed that Clause 40 not only gives power to acquire the building compulsorily under Subsection (1), but also provides, under Subsection (4), for the acquisition of a building by agreement, if it is a buildingas respects which a building preservation order could be made by the local planning authority.The Amendment that has come from another place secures that where a building is acquired under the provisions of Subsection (1) of this Clause, the acquiring authority shall observe the provisions of the building preservation order relating to that building. We want to be certain about what the position will be where a building is acquired by voluntary agreement under Subsection (4). Is the Minister satisfied, first, that if there is a preservation order in force in regard to that building it will be binding on the local authority; and secondly, if there is not a building preservation order in force, he will, if necessary, be able to make one after the voluntary acquisition? It is for these two contingencies that we have endeavoured, I am not certain whether effectively, to provide by this proposed Amendment. I should like to know from the right hon. Gentleman whether he is satisfied that without the Amendment I am moving the position is satisfactorily secured.
§ Mr. Silkin
This Amendment, as the hon. and learned Member for the Combined English Universities (Mr. H. Strauss) has said, has been put down out of an abundance of caution. I can assure him that that is the case. If he will look at Clause 98 (2) of the Bill he will find that there is provision for the Minister, after consultation with the local planning authority, to make a building preservation order, or, if he regards it as necessary, he can give directions to the local planning authority to make a building preservation order or an order amending or revoking a building preservation order. I am advised that that meets the case.
§ Mr. Molson
As I seconded formally the Amendment moved by my hon. and learned Friend the Member for the Combined English Universities (Mr. H. Strauss), I believe that I have technically already spoken. Perhaps, with the leave of the House, I might put this point. Is there any objection to this Amendment which we have moved? It gives these powers only in the case of any acquisition under this Clause as a whole. I would ask the Minister whether there is any object in including the words which we are seeking to leave out. If those words are left out, the provision will operate in respect of all acquisitions under the Clause as a whole.
§ Mr. Silkin
I am advised that the words of the Amendment proposed by the hon. and learned Member for the Combined English Universities would not do what was necessary.
§ Mr. H. Strauss
On the assurance of the Minister, I beg to ask leave to withdraw the Amendment to the Lord's Amendment.
§ Amendment to the Lords Amendment, by leave, withdrawn.