Defence of the Realm (Acquisition of Land) Act 1916

13 Savings

(1) Nothing in this Act shall authorise the acquisition, of any interest in any common, open space, or allotment, or the acquisition otherwise than by agreement of any land which forms part of any park, garden, or pleasure ground, or of the home farm attached to and usually occupied with the mansion house, or is the site of any ancient monument or other object of archaeological interest, or of any interest in such land or grounds:

Provided that—

(a) nothing in this subsection shall prevent the acquisition, whether by agreement or compulsorily, of a right to use and maintain any cables, lines, or pipes which have been laid under any such land as aforesaid ; and

(b) where before the passing of this Act there have been erected on any park, garden, pleasure ground, or farm as above mentioned, any buildings for the manufacture of munitions of war, the Commission may by order authorise the compulsory acquisition of the park, garden, pleasure ground, or farm, or any part thereof, where they are satisfied that it is of national importance that it should be acquired, so, however, that if the owner so requires the whole of such property, including the mansion house, if any, shall be acquired, and that before the order made by the Commission comes into effect, a draft thereof shall be laid before each House of Parliament for a period of thirty days on which that House has sat, and if either of those Houses before the expiration of that period presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereon.

(2) Nothing in this Act shall authorise the retention of the possession for more than three months after the termination of the war of—

(a) land belonging to any local authority within the meaning of the [6 & 7 Geo. 5. c. 12.] Local Government (Emergency Provisions) Act, 1916; or

(b) land belonging to any company or corporation carrying on a railway, dock, canal, water, or other public undertaking other than land which, having before the commencement of the present war been used for the purposes of the undertaking, had before that date ceased to be so used ; or

(c) land held by or on behalf of any governing body constituted for charitable purposes which at the commencement of the war was occupied and used by that body for the purposes of that body;

without the consent of the appropriate Government department, or, in the case of a university or a college at a university, without the consent of the governing body of the university or college, provided that such consent, if given, shall not authorise the retention of possession for a longer period than three years after the termination of the war, and if any question arises a3 to what department is the appropriate Government department, the question shall be determined by the Treasury, and nothing in this Act shall authorise the acquisition of any such land as aforesaid or of any interest in or right of access or other easement or right over any such land, except by agreement. with such authority, company, corporation, or body as aforesaid.

(3) Where possession has been taken of any land under any agreement authorising the retention of the land for any period specified in the agreement, nothing in this Act shall authorise the retention of possession after the expiration of such period without the consent of the person with whom the agreement was made or the persons deriving title under him.

(4) Nothing in this Act shall authorise the compulsory acquisition of land with respect to which an agreement has been made for the restoration thereof to the owner or the person previously in occupation thereof (other than an agreement to give up possession of land at the expiration of a tenancy), or, in the case of land subject to an agreement for sale to a Government department, shall authorise the acquisition of the land otherwise than in accordance with the terms of the agreement.

(5) Nothing in this Act shall authorise the compulsory acquisition of land without the consent of the Commission where the purposes for which it is to be acquired are purposes other than those for which land can be acquired under the Defence Acts, 1842 to 1873, or the Military Lands Acts, 1892 to 1903.

(6) For the purposes of this section the expression "governing body constituted for charitable purposes" includes any person or body of persons who have a right of holding or any power of government of or management over any property appropriated for charitable purposes, and includes any corporation sole, and the governing body of any university, college, school, or other institution for the promotion of literature, science, or art.