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Provisional apportionment of certain annual sums and assessment of value of part thereof.
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25.—(1) Where any land (in this subsection referred to as the acquirable land), in respect of which an acquisition order is in force, is subject in conjunction with other land to an annual sum, the Lay Commissioners shall, on the application of the Minister and after affording the persons by and to whom the said annual sum is payable an opportunity of being heard, by order—
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(a) apportion the said annual sum in such manner as they consider proper between the acquirable land and such other land, and
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(b) assess the value of so much of the said annual sum as is apportioned to the acquirable land.
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(2) The Minister or the person by or to whom an annual sum the subject of an order under subsection (1) of this section is payable may, within two months after the date of the order, appeal to the Appeal Tribunal against the order and the Appeal Tribunal may, on such appeal,—
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(a) confirm the order, or
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(b) vary it in such manner as the Appeal Tribunal thinks fit.
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(3) An order under subsection (1) of this section apportioning part of an annual sum to land which is the subject of an acquisition order shall come into force if, but only if, a vesting order is made in respect of that land, but if that vesting order is made the order under this section shall come into force on the day immediately preceding the vesting date.
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(4) Where an order under subsection (1) of this section in relation to an annual sum payable out of land (in this subsection referred to as the acquirable land) in respect of which an acquisition order is made, and other land (in this subsection referred to as the non-acquirable land) has come into force, then, as on and from the date on which the order comes into force,—
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(a) the non-acquirable land shall be, by virtue of this subsection, released from so much of the said annual sum as is apportioned to the acquirable land,
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(b) the person entitled to the said annual sum immediately before the vesting date and his successors in title shall, in respect of the non-acquirable land, have the same rights and remedies for the recovery of the part of the said annual sum apportioned to the non-acquirable land as previously to the vesting date he had for the recovery of the whole of the said annual sum,
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(c) in case such annual sum was a rent payable under a lease,—
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(i) the lessee shall, as to all rent accruing under the lease, in respect of any period commencing on or after the vesting date, be liable only to the portion thereof apportioned to the non-acquirable land,
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(ii) all the covenants, conditions and agreements of the lease, except as to the amount of the rent to be paid, shall remain in force with regard to the non-acquirable land in the same way as if the non-acquirable land only had been comprised in the lease.
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