Chwilio Deddfwriaeth

Post Office Act 1969

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39(1)Where—

(a)in relation to relevant land, an act or event falling within Case C occurs between the passing of this Act and the appointed day or has occurred before the passing of this Act and occurs or occurred in circumstances in which, but for the exemptions enjoyed by the Postmaster General as mentioned in section 2(1) of the [1961 c. 15.] Post Office Act 1961, a credit would be, or have been, taken to have arisen from the act or event by reason of the case falling within paragraph 2 of Schedule 11 to the Land Commission Act 1967 (carry forward of credit from previous chargeable act or event); or

(b)in relation to land in the case in which an interest therein vests in the Post Office by virtue of section 16 of this Act, an act or event falling within Case E occurs between the passing of this Act and the appointed day or has occurred before the passing of this Act, and occurs or occurred in circumstances in which, but for the exemptions aforesaid, a credit would be, or have been, taken to have arisen from the act or event by reason of the case falling within paragraph 3 of the said Schedule 11;

and a sum is certified by the Treasury to be the sum agreed between them and the Postmaster General or between them and the Post Office as the amount which is to be treated as subsisting or having subsisted on the appointed day in respect of the act or event by way of credit under the said Schedule 11, then paragraph 6 and Parts II and III of the said Schedule 11 shall have effect as if a credit of that amount were taken to have arisen from a previous chargeable act or event falling within such of the cases distinguished as Cases A to F in the Table in section 27(2) of the [1967 c. 1.] Land Commission Act 1967 as is certified by the Treasury as being the Case within which the act or event falls.

(2)For the purposes of the said Schedule 11 as it has effect in any case by virtue of the foregoing sub-paragraph the original chargeable interest and the original chargeable unit shall respectively be the interest in land, and the land, designated in that behalf by the Treasury, and the original chargeable owner shall be taken to be the Post Office.

(3)Sub-paragraph (1) above shall have effect in relation to an act or event falling within Case F as it does in relation to one falling within Case E, with the modifications that for the reference to paragraph 3 of Schedule 11 there shall be substituted a reference to any provision of regulations made under paragraph 15 of that Schedule providing for a credit's being taken to have arisen from an act or event falling within Case F, and for the reference to paragraph 6 and Parts II and III of the said Schedule 11, there shall be substituted a reference to that paragraph and those Parts as they have effect by virtue of the said paragraph 15.

(4)In sub-paragraph (1) above, " relevant land " means land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act or land (other than as aforesaid) in which the Post Office acquires, after the appointed day, an interest, being an interest in the case of which the Postmaster General was immediately before the appointed day under an enforceable contract to purchase it or had before that day served (and had not before that day withdrawn) a notice to treat for the compulsory purchase thereof, or a tenancy which on that day the Postmaster General was under an enforceable contract to take and " Case C," " Case E" and " Case F " have the same meanings respectively as in Part III of the Land Commission Act 1967.

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