Housing Act 1957

8 (1) The modifications subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in the order are set out in this paragraph.

(2) The compensation shall be assessed in accordance with such of the provisions of section fifty-nine of this Act as are applicable to the particular case.

(3) The following sections of the Lands Clauses Consolidation Act, 1845, shall be excepted from incorporation as aforesaid, that is to say,—

(a) sections one hundred and twenty-seven to one hundred and thirty-two (which relate to the sale of superfluous land);

(b) section one hundred and thirty-three (which relates to promoters making good deficiencies in rates).

(4) In the case of an order under section forty-three or section fifty-one of this Act, the tribunal by whom the compensation is to be assessed may, notwithstanding anything in section ninety-two of the Lands Clauses Consolidation Act, 1845, determine that such part of any house, building or manufactory as is proposed to be taken by the local authority can be taken without material damage to the house, building or manufactory and, if they so determine, may award compensation in respect of the severance of the part so proposed to be taken in addition to the value of that part.

Where they so determine, the party interested shall be required to sell and convey to the local authority that part of the house, building or manufactory.

(5) The tribunal 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 order having been made is published in accordance with the provisions of this Schedule if, in the opinion of the tribunal, the erection of the building or the making of the improvement or alteration or the creation of the interest in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.

(6) Where any land to which an order relates is glebe land or other land belonging to an ecclesiastical benefice, the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for damage to be sustained by the owner by reason of severance or injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Church Commissioners to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice.

(7) Any compensation payable in pursuance of this Act by a local authority in respect of any lands, estate or interest of another local authority which would, but for this paragraph, be paid into court in manner provided by the Lands Clauses Acts may, if the Minister consents, instead of being paid into court, be paid and applied as the Minister may determine and a decision of the Minister under this paragraph shall be final and conclusive.

(8) All notices required to be served by the local authority may, notwithstanding anything in section nineteen of the Lands Clauses Consolidation Act, 1845, be served and addressed in the manner specified in this Schedule or in section one hundred and sixty-nine of this Act in relation to notices required to be served by or under this Act.