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27 1939

PUBLIC ASSISTANCE ACT, 1939

PART V.

Acquisition and Disposal of Property.

Definition of “land”.

61. —In this Part of this Act the word “land” includes water and any estate or interest in land or water and any easement or right in, to, or over land or water.

Power of public assistance authority to acquire land.

62. —A public assistance authority may, for the purposes of its powers and duties, acquire land either by agreement with the consent of the Minister or compulsorily under this Part of this Act and the Acts incorporated therewith.

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.

Power of public assistance authority to inspect land.

64. —(1) Any officer or agent of a public assistance authority who is duly authorised in that behalf by such public assistance authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of nine o'clock in the forenoon and six o'clock in the afternoon for the purpose of ascertaining whether such land is or is not suitable for acquisition by such public assistance authority.

(2) A person entering on land under the foregoing sub-section of this section may do on such land all such things as are reasonably necessary for the purpose mentioned in the said sub-section and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.

(3) Before any person enters on any land under this section, the public assistance authority on whose authority such entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall cause not less than fourteen days notice in writing of the intention to make such entry to be given to such occupier or such owner (as the case may be).

(4) Any person to whom a notice of intention to enter on land has been given under the next preceding sub-section of this section may, not later than fourteen days after the giving of such notice, apply to the justice of the District Court having jurisdiction in the district in which such land is situate, on notice to the public assistance authority by whom or on whose behalf such notice was given, for an order prohibiting the said entry on such land, and, upon the hearing of such application, such justice may, if he so thinks proper, either wholly prohibit such entry on such land or specify conditions to be observed by the person making such entry.

(5) Where a justice of the District Court prohibits under the next preceding sub-section of this section a proposed entry on land, it shall not be lawful for any person to enter on such land under this section, and where a justice of the District Court specifies under the said next preceding sub-section of this section conditions to be observed by persons entering on land under this section, every person who so enters on such land shall observe the conditions so specified.

(6) Any person who suffers damage by anything done on any land under this section and, within one month after such thing is done, makes to the public assistance authority on whose authority such land was entered under this section a claim for compensation in respect of such damage, shall be entitled to be paid by such public assistance authority reasonable compensation for such damage and to recover such compensation (when the amount thereof has been agreed upon or has been determined under the next following sub-section of this section) from such public assistance authority in any court of competent jurisdiction as a simple contract debt.

(7) In default of agreement, the amount of any compensation payable by a public assistance authority under the next preceding sub-section of this section shall, if the amount claimed in respect thereof does not exceed twenty pounds, be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, (as amended by subsequent enactments) as if such compensation were the price of land compulsorily acquired.

(8) Every person who shall, by act or omission, obstruct an officer or agent of a public assistance authority in the lawful exercise of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.

Making of compulsory acquisition order.

65. —(1) When a public assistance authority desires to acquire compulsorily under this Part of this Act any particular land, such public assistance authority may make an order (in this Part of this Act referred to as a compulsory acquisition order) that such land be acquired compulsorily under this Part of this Act.

(2) Every compulsory acquisition order shall be in the prescribed form and shall describe the lands to which such order relates by reference to a map complying with the prescribed conditions.

Notices, etc., of making of compulsory acquisition order.

66. — (1) When a public assistance authority has made a compulsory acquisition order, such public assistance authority shall—

(a) publish at least once in a newspaper circulating in the functional area of such public assistance authority an advertisement in the prescribed form stating that a compulsory acquisition order has been made by such authority in respect of specified land and that such order and the map referred to therein may be inspected at a specified place, and

(b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which such order relates a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement and also stating that any person aggrieved by such order may send to the Minister, in the specified manner and within a specified time, an objection to such order.

(2) A public assistance authority which has made a compulsory acquisition order and complied in respect of such order with the foregoing provisions of this section may apply to the Minister for an order confirming such compulsory acquisition order.

Confirmation of compulsory acquisition order.

67. —When an application has been made under this Part of this Act to the Minister by a public assistance authority for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with in respect of such compulsory acquisition order, the following provisions shall have effect, that is to say:—

(a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister or every such objection so made has been withdrawn, the Minister may, as he shall think proper, either refuse to confirm such compulsory acquisition order, or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper;

(b) in any case to which the next preceding paragraph of this section applies, the Minister may, if he so thinks fit, before dealing with such application cause a public local inquiry to be held in respect of such compulsory acquisition order;

(c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister and has not been withdrawn, the Minister shall cause a public local inquiry to be held in respect of such compulsory acquisition order;

(d) when a public local inquiry has been held in pursuance of the next preceding paragraph of this section, the Minister, having considered the report of the person by whom such inquiry was held and the objection or all the objections which occasioned the holding of such inquiry, may, as he shall think proper, either refuse to confirm such compulsory acquisition order, or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper.

Notices, etc., of confirmation of compulsory acquisition order.

68. —As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the public assistance authority by whom such compulsory acquisition order was made shall—

(a) publish in a newspaper circulating in the functional area of such authority an advertisement in the prescribed form stating that such compulsory acquisition order has been confirmed by the Minister and that a copy of such order as so confirmed and the map referred to therein may be inspected at a specified place, and

(b) give to every person who appeared at the public local inquiry (if any) held in respect of such order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement.

Annulment of compulsory acquisition order by the High Court.

69. —(1) Any person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of such order by the Minister, apply to the High Court for the complete or the partial annulment of such order, and the High Court, if it is satisfied that such compulsory acquisition order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making such application or any other person has been substantially prejudiced by any failure to comply in relation to such order with the provisions of this Part of this Act, may, as the High Court shall think proper, annul the whole of such order or annul a part of such order.

(2) Where an application to the High Court under this section is pending, the High Court may, if it so thinks proper, suspend the operation of the compulsory acquisition order to which such application relates until such application has been finally determined.

(3) Save as is otherwise provided by this section a compulsory acquisition order shall not be capable of being annulled, quashed, or otherwise questioned (whether before or after confirmation by the Minister) by any Court.

Commencement of compulsory acquisition order.

70. —(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation in accordance with whichever of the following paragraphs is applicable, that is to say:—

(a) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of such order, on the final determination of such application, or

(b) if no such application is so made, on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of such order by the Minister.

(2) As soon as may be after a compulsory acquisition order comes into operation, the public assistance authority by which such order was made shall give a copy of such order to every person to whom notice of the making of such order was given in pursuance of this Part of this Act.

Appropriation of surplus land to other purposes.

71. —A public assistance authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of its powers and duties any land vested for any purpose in such authority and not required for the purpose for which it was acquired.

Disposal of surplus land.

72. —(1) A public assistance authority may, with the consent of the Minister, sell, exchange, let, or otherwise dispose of any land acquired by such authority under the Public Assistance (Acquisition of Land) Act, 1934 (No. 23 of 1934), or under this Part of this Act or transferred to such authority by or under this Act.

(2) The proceeds of the sale under this section of any land by a public assistance authority shall, so far as such proceeds are capital money, be applied with the consent of the Minister to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by such authority.

(3) Where land is exchanged under this section by a public assistance authority, the land taken in such exchange shall (subject to the provisions of this Part of this Act in relation to the appropriation and use of land not required for the purpose for which it was acquired) be applied to the purposes to which the land given in such exchange was applicable by such authority.

Transfer of property of certain abolished bodies.

73. —All property (other than money and securities for money) which—

(a) formerly belonged to a board of guardians or the committee of a county infirmary or a fever hospital and was, on the abolition of such board or committee by a county scheme, transferred to the council of a county or a county borough by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), and is, at the commencement of this Act, held by such council of a county or the corporation of such county borough for the purposes of the exercise of any power or the performance of any duty which is by virtue of this Act conferred or imposed on a public assistance authority, or

(b) was, at the abolition of any such committee, vested in or held by any such council of a county or county borough for the purposes of such committee and is, at the commencement of this Act, vested in or held by such council of a county or the corporation of such county borough for the said purposes,

shall, save where such council of a county or corporation is itself the public assistance authority for the public assistance district in which such property is situate, immediately upon such commencement become and be transferred by virtue of this Act to and be the property of the said public assistance authority and shall thenceforward be held by such authority for the purposes of its powers and duties.

Application of money held for certain abolished committees.

74. —Any money or security for money which was formerly held by the committee of a county infirmary or a fever hospital in trust for the purposes of such infirmary or hospital and was, on the abolition of such committee by a county scheme, transferred to the council of a county or a county borough by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), and is, at the commencement of this Act, held by such council of a county or by the corporation of such county borough shall continue to be so held and shall be applied for the purposes of this Act in such manner as the Minister shall direct.

Service of notices under this Part of this Act.

75. —(1) Any written notice or other document required by this Part of this Act to be given to any person may be so given in any of the following ways, that is to say:—

(a) by handing it to such person, or

(b) by leaving it at the usual or last-known place of abode of such person, or

(c) by sending it by post in a prepaid registered envelope addressed to that person, in the case of an individual, at his usual or last-known place of abode or, in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.

(2) Where a written notice or other document is by this Part of this Act required to be given to the owner or the occupier of land and the name of such owner or occupier is not known such document may be addressed to “the owner” or “the occupier” (as the case may be) of such land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on such land.