New Clause. — (Land compulsorily acquired under existing enactments whilst in a damaged condition.)

Part of Orders of the Day — War Damage Bill. – in the House of Commons on 12th February 1941.

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  1. (1) If any land constituting or forming part of a hereditament which has sustained war damage in respect of which a payment of cost of works would be the appropriate payment, but which has not been fully made good, is acquired compulsorily by virtue of an enactment passed before the passing of this Act, and compensation for the acquisition falls to be determined by reference to the value of the land in its damaged state (without regard to the prospective right of a purchaser to payment of the cost of making the damage good), the payment to be made under this Part of this Act in respect of the damage to the land acquired shall be of an amount equal to what would have been permissible for the payment of cost of works (so far as attributable to the land acquired if it is part only of the hereditament), and shall be made in the form of—
    1. (a) a payment of cost of works in respect of any works for making good the damage executed before the date of the notice to treat or other the date on which the acquisition became obligatory, in so far as the proper cost thereof falls within the said permissible amount; and
    2. (b) a value payment of an amount equal to the residue of the said permissible amount, or, if no such works were so executed, to the whole thereof.
  2. (2) In a case in which the preceding Subsection has effect, Section six of this Act shall have effect in relation to works reasonably executed for temporarily meeting the circumstances created by the damage to the land acquired, being works, other than those taken into account under paragraph (a) of the preceding Sub-section, executed between the occurrence of the damage and the date mentioned in that paragraph, and in relation to such works only.
  3. (3) Any question arising in giving effect to this Section shall be determined by the Commission.—[The Attorney-General.]