§ (1) Where any scheme or order under the Housing Acts or Part II. of this Act authorises the acquisition or appropriation to any other purpose of any land forming part of any common, open space, or allotment, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament, except where the scheme or order provides for giving in exchange for such land other land, not being less in area, certified by the Local Government Board to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public.
§ (2) Before giving any such certificate, the Board shall give public notice of the proposed exchange, and shall afford opportunities to all persons interested to make representations and objections in relation thereto, and shall, if necessary, hold a local inquiry on the subject.
§ (3) Where any such scheme or order authorises such an exchange, the scheme or order shall vest the land given in exchange in the persons in whom the common or open space was vested, subject to the same rights, trusts, and incidents as attached to the common or open space, and shall discharge the part of the common, open space, or allotment acquired or appropriated from all rights, trusts, and incidents to which it was previously subject.
§ (4) For the purposes of this Act the expression "common" shall include any land subject to be enclosed under the In-closure Acts, 1845 to 1882, and any town or village green; the expression "open space" means any land laid out as a public garden or used for the purposes of public recreation, and any disused burial ground; and the expression "allotment" means any fuel allotment set out for the benefit of the poor or of the neighbourhood under an Inclosure Act.
1713§ Amendments made: In Subjection (1), after the word "Board" ["certified by the Local Government Board"], to insert the words "after consultation with the Board of Agriculture and Fisheries."
§ In Sub-section (4) to leave out the words "fuel allotment set out for the benefit of the poor or of the neighbourhood," and to insert the words, "allotment set out as a fuel allotment or a field garden allotment." —[Mr. Burns.]