moved Amendments Nos. 455A and 456:
455A: Schedule 12, page 188, line 9, at end insert—
““ Section (Liability under existing regimes) applies as if—
(a) for paragraph (c), there were substituted—
““(c) section 10 of the Water (Scotland) Act 1980 (compensation for damage resulting from exercise of statutory powers)””, and
(b) paragraph (d) were omitted.
Section (Compensation in case where no right to claim in nuisance) applies as if—
(a) in subsection (4), the reference to the Lands Tribunal were a reference to the Lands Tribunal for Scotland,
(b) for subsections (5) and (6) there were substituted—
““(5) Section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 (which makes the construction of the railway subject to that Act and the Lands Clauses Consolidation (Scotland) Act 1845) applies in relation to authorised works as it applies in relation to the construction of a railway.
(6) Any rule or principle applied to the construction of section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 must be applied to the construction of subsection (3) of this section (with any necessary modifications).””, and
(c) in subsection (7)—
(i) the reference to Part 1 of the Land Compensation Act 1973 were a reference to Part 1 of the Land Compensation (Scotland) Act 1973, and
(ii) in paragraph (c), for ““17”” there were substituted ““15””.””
456: Schedule 12, page 188, line 19, at end insert—
““ Section 163 applies as if—
(a) in subsection (3)—
(i) for the words from ““the””, where it first occurs, to ““(c. 49)”” there were substituted ““subsections (5) to (9) of section 135 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (which relate to the execution and cost of certain works)””, and
(ii) the words from ““section 276”” to the end were omitted,
(b) in subsection (4), for ““section 289”” there were
substituted ““subsection (5) of section 135””, and
(c) subsection (5) were omitted.””
On Question, amendments agreed to.
Schedule 12, as amended, agreed to.
Clauses 222 and 223 agreed to.
Schedule 13 [Repeals]:
Planning Bill
Proceeding contribution from
Baroness Andrews
(Labour)
in the House of Lords on Thursday, 23 October 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Planning Bill.
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2007-08Chamber / Committee
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