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Lands Tribunal Act 1949

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This is the original version (as it was originally enacted).

10Short title, commencement, transitional provisions and repeal.

(1)This Act may be cited as the Lands Tribunal Act, 1949.

(2)Sections one to four of this Act shall come into force on such day as His Majesty may by Order in Council appoint, and different days may be appointed for Scotland and for the remainder of the United Kingdom.

(3)References in this Act to the commencement thereof refer, in relation to any part of the United Kingdom, to the beginning of the day so appointed for that part, and the following provisions shall have effect as respects proceedings begun before the commencement of this Act, namely:—

(a)subsection (2) of section six of the Acquisition of Land Act shall not apply to any decision of the High Court or of either division of the Court of Session giving the opinion of that court or division on a case stated under that section except a decision given before the date of the passing of this Act, and there shall be the same right of appeal against any such decision given on or after that date as against the final decision of an action in that court or division:

Provided that an appeal to the House of Lords from a decision of a division of the Court of Session shall lie only with the leave of the division ;

(b)section five of this Act shall have .effect with the modifications necessary to adapt it to proceedings before an official arbitrator instead of the Lands Tribunal.

(4)The enactments specified in the Second Schedule to this Act are hereby repealed, as from the commencement of this Act, to the extent specified in the third column of that Schedule:

Provided that (without prejudice to the operation either of any provision of the Interpretation Act, 1889, as to the effect of repeals or of any provision of this Act giving power to make rules as to pending proceedings) the repeal of any enactment by this section shall not affect its operation in cases where a decision has been given before the commencement of this Act, so far as relates to appeals, cases stated, costs or fees.

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