Search Legislation

Civil Defence Act 1939

Status:

This is the original version (as it was originally enacted).

57Requisition of premises and vehicles

(1)The Minister, if it appears to him that, in view of the imminence of an emergency involving the possibility of hostile attack, it is expedient so to do, may by order declare the provisions of this section to be in operation, and while such an order is in force—

(a)any local authority may take possession of any premises designated by them under Part II of this Act;

(b)the Commissioners of Works may take possession of any premises which in the opinion of the Commissioners should, in order to meet the exigencies of the situation which would arise in the event of hostile attack, be rendered available for use by any Government department or other persons acting on behalf of the Crown in a civil capacity; and

(c)any local authority having any civil defence functions may take possession of any vehicle and use it in the discharge of any of those functions:

Provided that possession shall not be taken of any vehicle by virtue of such an order without the previous consent of the chairman of the traffic commissioners for the area in which the vehicle is normally kept, or, if the vehicle is normally kept in the metropolitan traffic area,

the traffic commissioner for that area, unless arrangements have been made with the approval of the chairman of the traffic commissioners or the traffic commissioner, as the case may be, between the owner of the vehicle and the local authority that the vehicle should be available for use as aforesaid by the local authority.

(2)Where an order has been made under this section, the local authority or the Commissioners of Works, as the case may be, may remove, or require the occupier to remove, any property which is in any premises or vehicle of which possession is intended to be taken under this section, and may take such other steps as may be necessary for putting the premises or vehicle in a condition which will enable them to be used for the purpose intended; and any occupier who refuses to move any property when required to do so by the local authority or Commissioners and any person who obstructs any person acting on behalf of the authority or Commissioners in the exercise of their powers under this section shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(3)In any case in which a local authority take possession of any premises or vehicle, or the Commissioners of Works take possession of any premises under this section, there shall be paid by that local authority, or, if possession is taken by the Commissioners of Works, out of moneys provided by Parliament, such compensation to such persons as Parliament may hereafter determine.

(4)Possession shall not be retained by virtue of any order made under this section after the expiration of three months from the date of the making of the order.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources