Requisitioned Land and War Works Act 1945

28 Maintenance and use of works and continuance in possession.

(1) Where government war works have been constructed on any land, any Minister may maintain and use, or authorise the maintenance and use of, those works for the purposes of the public service or for any purpose for which they were maintained or used in the exercise of emergency powers.

(2) Any Minister may retain or authorise the retention of possession of any land which (whether by virtue of an exercise of emergency powers or otherwise) is in his possession or in that of any person who is occupying or using it under his authority, notwithstanding the determination of any other right thereto, and, where possession of any land is retained under this subsection, any Minister may use it or authorise its use for the purposes of the public service or in any manner in which it was being used immediately before possession was so retained:

Provided that where notice to treat has been given, the Minister may authorise the use of the land by any person, in any manner and for any purpose, but, where he gives an authority by virtue of this proviso, the power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act, 1919, to withdraw a notice to treat shall not be exercisable.

(3) In connection with the use of any works or land under this section—

(a) any person having the use of the works or land may continue to exercise and enjoy all such rights and advantages as, immediately before the use under this section began, were, by agreement or otherwise, being exercised or enjoyed in connection with the use of the works or land for war purposes by the person then having the use thereof (including, but without prejudice to the generality of the preceding words, rights and advantages as to the taking of Water, whether for the purposes of a water undertaking or for other purposes); and

(b) any orders made under Defence Regulations in connection with the use of the works or land for war purposes and in force immediately before the use under this section began (including, but without prejudice to the generality of the preceding words, any order authorising the taking of water, whether for the purposes of a water undertaking or for other purposes) shall continue in force in relation to the works or land except in so far as revoked in relation thereto by order of the Minister using, or, as the case may be, authorising the use of, the works or land.