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This is the original version (as it was originally enacted).

31Compensation and adaptation of enactments

(1)The powers conferred by this Part of this Act shall be deemed for the purposes of the following enactments, that is to say—

(a)the Compensation (Defence) Act, 1939; and

(b)the Landlord and Tenant (Requisitioned Land) Acts, 1942 and 1944; and

(c)any provisions of the War Damage Act, 1943, referring to requisitioned land or to work done on land in the exercise of emergency powers,

to be powers exercisable by virtue of Defence Regulations.

(2)In relation to the exercise of the powers so conferred, the period mentioned in subsection (1) of section one of the Compensation (Defence) Act, 1939, shall extend to the end of the period for which the powers so conferred are exercisable and, where possession of any land is retained in pursuance of the powers so conferred, the retention of possession by virtue of those powers and the original taking and retention of the land apart from those powers shall be treated for the purposes of section two of that Act as being one transaction, and the references in the said section two to the period for which the possession of the land is retained shall be construed accordingly.

(3)Where, if the powers so conferred had been exercised under Defence Regulations, either—

(a)compensation would, by virtue of any Defence Regulation, be payable in respect of the exercise thereof otherwise than- under the Compensation (Defence) Act, 1939; or

(b)compensation in respect of the exercise thereof would have been payable under that Act, but subject to modifications,

the like compensation shall be payable in respect of the exercise thereof, and, so far as respects the exercise thereof, any Defence Regulation providing for the payment of the compensation or for the modifications, as the case may be, shall continue in force notwithstanding that it has expired for all other purposes, whether by virtue of the expiration of the Emergency Powers (Defence) Act, 1939, or otherwise.

(4)This section shall be deemed always to have had effect.

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