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Requisitioned Land and War Works Act 1945

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This is the original version (as it was originally enacted).

10Conditional recommendations by Commission

(1)Where land is proposed to be acquired on the ground that the value of works ought to be preserved, the Commission may, if they think fit, report that all or any part of the land ought not to be acquired if, within a time specified in the report, any person interested in the land pays to the Minister in respect of the value of the works a sum specified in the report or, if the report so provides, a sum determined by arbitration under terms of reference so specified:

Provided that the right of any person interested in the land to pay a sum determined by arbitration as aforesaid shall not be exercisable unless, within such time as may be specified in the report, he gives notice in writing to the Minister that he requires that amount to be determined by arbitration. The arbitrator in any such arbitration shall be such one of the official arbitrators under the Acquisition of Land (Assessment of Compensation) Act, 1919, as may be selected by the Reference Committee under that Act on the written application either of the Minister or of the person who applied for the arbitration, and there shall be payable in respect of the application to the Reference Committee and in respect of any such hearing such fees as the Treasury may prescribe, but, subject as aforesaid, the Arbitration Acts, 1889 to 1934, shall apply to the arbitration.

(2)Where land is proposed to be acquired on the ground that it is desirable in the public interest that the whole or some part thereof should be dealt with in a particular manner with a view to the total or partial rehabilitation thereof, the Commission may, if they think fit, report that the land ought not to be acquired if such person as may be specified in the report undertakes in writing to the Minister within a time so specified that he will take steps so specified within times so specified for the total or partial rehabilitation of the land or that part of the land, as the case may be:

Provided that the Commission shall not specify a person under this subsection as a person to give an undertaking unless they are satisfied that he has sufficient rights in the land and in any other relevant land to enable him to carry out his undertaking.

(3)Where any such report as aforesaid is made and the condition specified in the report is satisfied, the report shall be treated for the purposes of the last preceding section as if it were a report that the land ought not to be acquired, but in any other case the report shall be treated as a report that the land can properly be acquired:

Provided that where such an undertaking as is mentioned in the last preceding subsection is given but is not carried out, the Minister may then proceed with the acquisition of the land.

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