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Amendment of section 9 of Act of 1978
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3. Section 9 of the Act of 1978 is amended—
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(a) in subsection (1)—
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(i) by the substitution of the following paragraph for paragraph (b):
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“(b) that where the permanent buildings comprise, in whole or in part, an alteration or reconstruction, the alteration or reconstruction caused those buildings to lose their original identity;”,
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and
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(ii) by the substitution of the following paragraph for paragraph (c):
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“(c) that the permanent buildings and, where applicable, any alteration or reconstruction referred to in paragraph (b) which caused those buildings to lose their original identity, were not erected in contravention of a covenant in the lease; and”,
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(b) by the deletion of subsection (2), and
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(c) by the insertion of the following subsection after subsection (5):
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“(6) For the purposes of subsection (1)(b) or (c), in considering whether the permanent buildings have lost their original identity the arbitrator—
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(a) may have regard to all or any of the following matters—
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(i) a change in the use of the buildings,
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(ii) the extent of any alteration or reconstruction,
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(iii) a change in the character of the buildings, and
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(iv) such other matter as the arbitrator considers relevant,
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and
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(b) shall not refuse to hold that the buildings have lost their original identity by reason only of the fact that a part or parts of the original buildings are identifiable at the date of service under section 4 of the Act of 1967 of a notice of intention to acquire the fee simple or at the date of an application under Part III, as the case may be.”.
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