Commissioners of Works Act 1852

2 Commissioners empowered to purchase, sell, &c. lands &c., and the First Commissioner or two of them may act. U.K.

It shall be lawful for the Commissioners of Works to purchase, take, or accept any hereditaments, of what tenure soever, necessary for the public service, and to sell or exchange the same, and give a good discharge for the purchase money thereof to any purchaser or other person, and to grant any lease or leases, underlease or underleases of any such hereditaments so taken as aforesaid, and to enter into any agreements for such sale, exchange, lease, or underlease; so nevertheless that all such hereditaments shall be purchased, taken, exchanged, sold, or leased, and the produce and income thereof applied [F1 with the consent of the Treasury which may be given either generally for any class of case, or for any particular transaction], [F2 and so as every conveyance of any freehold hereditaments in England, Wales, or Ireland, made to or by the said Commissioners of Works under the authority of this Act, be enrolled amongst the records of the Court of Exchequer in England or Ireland, as the case may be]; and all acts by this Act authorized to be done by the Commissioners of Works and all and every the powers and authorities whatsoever by the Act passed in the session of Parliament holden in the third and fourth years of the reign of his late Majesty King William the Fourth, chapter forty-three, and vested in or transferred to the commissioners thereby appointed, may be executed and done by the First Commissioner for the time being or Works or by any two of the said commissioners.

Textual Amendments

F1 Words substituted by S.R. & O. 1945/1636 (Rev. XV, p. 234: 1945 I, p. 1416), art. 1

F2 Words repealed (E.W.) by Commissioners of Works Act 1894 (c. 23), Sch.

Modifications etc. (not altering text)

C1 S. 2 explained (E.W.) by Courts Act 1971 (c. 23), s. 28(2) and (S.) by Sheriff Courts (Scotland) Act 1971 (c. 58), s. 24(3)

C2 Functions of Court of Exchequer in Ireland now exercisable by Queen's Bench Division of High Court of Justice in Northern Ireland: Supreme Court of Judicature Act (Ireland) 1877 (c. 57), ss. 4, 21(4), 36, Supreme Court of Judicature (Ireland) (No. 2) Act 1897 (c. 66), s. 1, Government of Ireland Act 1920 (c. 67), ss. 38, 40, 41, S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2 and 1921/1804 (Rev. XVI, p. 967: 1921, p. 422), art. 5

C3 Functions of First Commissioner of Works now exercisable by Secretary of State for the Environment: S.I. 1970/1681, art. 3(1)

C4 S. 2 amended by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1, 2), s. 122(1)

C5 S. 2 extended (1.10.2009) by Constitutional Reform Act 2005, (c. 4), {ss. 50(3)(a)}, 148; S.I. 2009/1604, art. 2(b)

C6 S. 2 extended (19.9.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 41(3)(a), 148; S.I. 2007 {art. 2(a)}