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SOLR_PROP

Public Assistance Act, 1939

Incorporation of the Lands Clauses Acts.

63.For the purpose of the acquisition of land under this Part of this Act by a public assistance authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Part of this Act, but with and subject to the following modifications, that is to say:—

(a) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be so incorporated;

(b) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the public assistance authority shall be deemed to be the promoters of the undertaking;

(c) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated—

the expression “local authority” shall mean a public assistance authority within the meaning of this Act,

the expression “confirming Act” shall mean this Part of this Act and the compulsory acquisition order as made and confirmed under this Part of this Act,

the expression “confirming authority” shall mean the Minister, and references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act;

(d) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making of the compulsory acquisition order was published in pursuance of this Part of this Act if, in the opinion of the arbitrator, the erection of such building or the making of such improvement or alteration or the creation of such interest was not reasonably necessary and was effected with a view to obtaining or increasing such compensation.