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Civil Defence Act 1939

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This is the original version (as it was originally enacted).

26Erection of shelters provided by the Crown

(1)Where the occupier of any premises has been provided on behalf of His Majesty with materials for an air-raid shelter to be erected on the premises, the local authority shall give him advice as to the position in which the shelter should be erected :

Provided that, where the materials are sold to the occupier, the local authority shall not be under any duty to give such advice until requested by the occupier.

(2)Any occupier to whom advice has been given as aforesaid may erect the shelter in accordance therewith, and may for that purpose break up the surface of any land in his occupation whether paved or not, but shall take due care not to damage any drains, sewers, pipes, cables or other works; and the right conferred by this subsection on any occupier may be exercised notwithstanding any agreement or restrictive covenant to the contrary, and notwithstanding any limitation on his interest in the premises, and he shall not be liable to pay damages in respect of any act which is reasonably necessary for the due exercise of the right conferred on him, or, if he has exercised due care, for any damage done by him to drains, sewers, pipes, cables or other works.

(3)The local authority shall in giving any advice under this section exercise such care as is reasonable in the circumstances of the case, but unless they fail to exercise such care, they shall not be under any liability in respect of any damage caused by or in consequence of the erection of a shelter in accordance with advice given by them.

(4)Where any such materials for an air-raid shelter have been provided on behalf of His Majesty without charge, the local authority may, with the consent of the occupier of the premises, themselves erect the shelter, and the provisions of subsection (2) of this section shall apply in relation to the local authority as they apply in relation to an occupier erecting a shelter in accordance with advice given by the local authority.

(5)For the purposes of this Part of this Act, references to the erection of an air-raid shelter include references to the affixing of the shelter to, or the embedding of the shelter in, an)- part of the premises and the carrying out of any other works necessary for the proper erection of the shelter.

(6)Public utility undertakers who carry on a gas, water or electricity undertaking shall not, unless they have been guilty of negligence, be liable to pay damages for or in respect of any loss of life or injury or damage to persons or property resulting from damage done by any occupier to any pipe, cable, or other work in the exercise of the powers conferred by subsection (2) of this section :

Provided that nothing in this subsection shall be in derogation of any provision in the Workmen's Compensation Act, 1925.

(7)This section shall be deemed to have had effect as from the commencement of the Act of 1937.

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