Requisitioned Land and War Works Act 1945

18 Proceedings after reference to Commission.

(1) Where a draft order is referred as aforesaid to the Commission for a report, the Commission—

(a) shall afford to any person who made any such objection as is referred to in the last preceding section, and has not been afforded an opportunity of appearing before and being heard by them, an opportunity of appearing before and being heard by a person appointed for the purpose by them, whether at a public local inquiry or otherwise; and

(b) may report that the order can be properly made either as proposed or subject to such modifications as may be specified in the report, or that-no order ought to be made.

(2) Subject to the provisions of this section, where the Commission report that the order can properly be made subject to modifications or that no order ought to be made, the Minister may, if the making of the order without, or with some only of, the modifications, or, as the case may be, the making of the order, is in his opinion necessary—

(a) for any purpose for which, apart from the provisions of Part II of this Act, any Minister has power to acquire land under the Defence Acts, or for the proper enjoyment of land which any Minister would have power to acquire under the Defence Acts apart from the provisions of Part II of this Act; or

(b) for the proper utilization of government war works on any land, being works the right to use or determine the use of which (whether then or thereafter) ought, in the opinion of the Minister of War Transport, to be preserved or secured for the Crown or for some other person,

proceed to make the order with such of the modifications as he thinks fit to adopt or in the form of the draft referred to the Commission.

(3) The provisions of the last preceding subsection shall not apply to any modification of the draft order relating to the payment of money and if the Minister decides to make an order notwithstanding that the report recommends that no order ought to be made or to make an order without, or with some only of, the modifications recommended by the report as to matters other than the payment of money, he shall refer back to the Commission the question whether any money should or should not be paid, and shall either defer the making of any order until he receives the report or make his order as to other matters before he receives the report and, if the Commission report that money ought to be paid, make a supplemental order providing for the payment of money in accordance with the report.

(4) Save as aforesaid, the Minister shall not make any order otherwise than in accordance with the report of the Commission.

(5) Before proceeding to make an order otherwise than in accordance with the report of the Commission, the Minister shall lay before both Houses of Parliament a copy of the report and a statement of the reasons why he intends to proceed to make the order notwithstanding the report, and if either House of Parliament within the period of forty days beginning with the date on which a copy of the report and the statement are laid before it resolves that the proposals shall not be proceeded with otherwise than in accordance with the report, the Minister shall not proceed with the proposals otherwise than in accordance with the report.

In reckoning any such period of forty days as aforesaid, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.