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Wellington Museum Act 1947

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6 Destruction of or damage to Apsley House.E+W+S+N.I.

(1)If, owing to fire or any cause beyond the control of the Minister of Works, Apsley House is destroyed or so damaged that in the opinion of the Minister of Works it could not be restored so as to preserve the association thereof with the first Duke of Wellington, and the Minister of Works gives notice in writing to the Duke of Wellington for the time being to that effect—

(a)the rights and duties conferred and imposed by the preceding provisions of this Act on the Dukes of Wellington, and the duties imposed on the Minister of Works by subsection (1) of the last preceding section, shall cease; and

(b)there shall be paid to the Duke of Wellington for the time being out of moneys provided by Parliament such sums as may be agreed by him with the Minister of Works or as may, in default of agreement, be determined by an official arbitrator appointed under the M1Acquisition of Land (Assessment of Compensation) Act 1919, to be reasonable in view of the loss by the said Duke and his successors of the said rights; and

(c)Apsley House, and the site, forecourt and garden thereof, may be used for such public purposes as the Minister of Works may think fit or may, if the Minister thinks fit, be sold or otherwise disposed of:

Provided that no sum shall be payable under paragraph (b) of this subsection if the destruction or damage is due to the negligence of the then Duke of Wellington or his servants or agents.

(2)If, owing to fire or any other cause, Apsley House is damaged or any of the contents thereof which are the property of the Crown (other than chattels which are being or have been or are to be exhibited in the museum) are damaged or destroyed, and the damage or destruction is due to the negligence of the Duke of Wellington for the time being or his servants or agents, and no notice is given under subsection (1) of this section by reason of the damage or destruction, the said Duke shall repay to the Minister of Works such expenses as may be reasonably incurred by that Minister in making good the damage or in replacing any of the said contents which are destroyed.

(3)Any fire originating in the portions of Apsley House which the Duke of Wellington for the time being is entitled to occupy shall be presumed for the purposes of this section to be due to his negligence or that of his servants or agents unless the contrary is proved.

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C1Functions of official arbitrator appointed under Acquisition of Land (Assessment of Compensation) Act 1919 (c. 57) now exercisable by Lands Tribunal: Lands Tribunal Act 1949 (c. 42), s. 1(1)(3)(a)

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