HC Deb 31 December 1916 vol 88 cc1682-3

(1) Whilst any land of which possession has been so taken is in the possession of an occupying department after the termination of the present War, any building or other work which for purposes connected with the present War has been erected or constructed on, over or under the land wholly or partly at the expense of the State, or, with the consent of the occupying department, at the expense of some person not being a person interested in the land may he removed, without the consent of any person interested in the land, by the occupying department, or, with the consent of the occupying department, by the person at whose expense it was erected or constructed, any law or custom to the contrary notwithstanding:

Provided that—

  1. (a) where the building or work was erected or constructed partly at the expense of a person interested in the land; or
  2. (b) where in pursuance of an agreement with a Government Department any person interested in the land is entitled to the benefit of or to prohibit the removal of the building or work;
this provision shall not authorise the removal of that building or work during the continuance of such interest in the land without the consent of that person or the persons deriving title under him:

Provided also that where under any agreement a Government Department is entitled to remove any such building or work nothing in this Section shall prejudice the rights of the Department or any other person under the agreement.

(2) Where any building or work has been removed under the powers conferred by this Section the occupying department shall cause the land to be restored to the condition in which it was before the building or work was erected or constructed or shall, if the persons interested in the land agree or the Commission consent, instead of so restoring the land, pay such compensation in respect of the depreciation (if any) in the value of the land attributable to the disturbance of the soil as in default of agreement may be determined by the Commission:

(3) Where any such buildings or works have been erected or constructed upon any common, open space, or allotment the building or work shall be removed and the land restored as aforesaid, except so far as the local authority certifies that such removal or restoration is not required in the interests of the persons interested in the land or the public.

Lords Amendments:

In Sub-section (2), leave out the words "by the Commission"["may be determined by the Commission"], and insert instead thereof the words "in manner provided by this Act."—Agreed to.

In Sub-section (3), leave out the words "except so far as the local authority certifies that such removal or restoration is not required in the interests of the persons interested in the land or the public," and insert instead thereof the words "except in such cases and to such extent as the Board of Agriculture and Fisheries on the application of the occupying department may by order declare that such removal and restoration is not required in the interests of the persons interested in the land or the public.

Provided that before any such order is made the Board of Agriculture and Fisheries shall give the local authority or board of conservators (if any) in which is vested the management of the common, open space, or allotment, and any other local authority interested, an opportunity of being heard, and that before any such order comes into effect a draft thereof shall be laid before each House of Parliament for a period of thirty days on which that House has sat, and if either of those Houses before the expiration of that period presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereon without prejudice to the making of a new draft order."—Agreed to.