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This is the original version (as it was originally enacted).

45Increase in rental compensation under s. 2 of Compensation (Defence) Act, 1939

(1)Where, before the passing of this Act, possession has been taken of any land in the exercise of emergency powers and the compensation payable in respect, thereof under paragraph (a) of subsection (1) of section two of the Compensation (Defence) Act, 1939, has (whether by agreement or otherwise) been determined by reference to a level of rental Values which is both—

(a)less than that obtaining in respect of comparable land on the thirty-first day of March, nineteen hundred and thirty-nine; and

(b)less than the level of rental values obtaining in respect of comparable land on the appointed day,

any compensation payable under the said paragraph in respect of the taking of possession of the land which accrues on or after -the appointed day shall be determined by reference to the level of rental values obtaining in respect of comparable land on the said thirty-first day of March or that obtaining in respect thereof on the appointed day, whichever is the lower, and the compensation shall be determined accordingly:

Provided that this section shall not apply in relation to any land unless, not later than six months after the appointed day or after the end of the period for which possession of the land is retained in the exercise of emergency powers, whichever is the later, a person who, as at some date not earlier than the appointed day, would be entitled to occupy the land but for the fact that possession thereof is or was so retained, gives notice in such form and manner and to such authority as may be prescribed by rules made by the Treasury under the said Act that he desires that this section should apply in relation to the land.

(2)In this section the expression " the appointed day " means such day (not later man the end of the war period) as the Treasury may appoint.

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