SCHEDULES

Section 5.

FIRST SCHEDULERecovery from Catchment Boards of Expenses of Certain Drainage Works

1The Minister shall serve on the Catchment Board, within one year from the completion of the work, a notice specifying the amount of the expenses which the Board is required to pay, and the said expenses shall become recoverable as a debt due to His Majesty at the expiration of one year from the date of the service of the notice and shall, without prejudice to any other mode of recovery, be recoverable by the Minister summarily as a civil debt.

2The Catchment Board may, by notice in writing served on the Minister at any time within one year from the date of the service by the Minister under the foregoing paragraph, elect to pay the said expenses, together with interest thereon from the date on which the expenses would otherwise have become recoverable from the Board, by such number of equal annual instalments, not exceeding five, as may be specified in the notice :

Provided that—

(a)the first instalment shall be payable within one year from the last-mentioned date ; and

(b)the rate of interest shall, in default of agreement between the Board and the Minister, be fixed by the Treasury.

3Where the Catchment Board do not exercise the powers conferred on them by paragraph 2 of this Schedule they may borrow money under section forty-six of the Land Drainage Act, 1930, for the purpose of defraying the said expenses as if those expenses were expenses incurred by them under that Act.

Sections 6 and 16.

SECOND SCHEDULEAdaptations and Modifications of the Lands Clauses Acts

1This Act shall be deemed to be the Special Act, references to the promoters of the undertaking shall be construed as references to the Minister, and the undertaking shall be deemed to be the use of the land for the purpose for which it is required.

2The following provisions of the [8 & 9 Vict. c. 18.] Lands Clauses Consolidation Act, 1845, that is to say—

(a)sections eighty-four to ninety-one (which relate to entry upon the land acquired);

(b)sections one hundred and twenty-seven to one hundred and thirty-three (which relate to the sale of superfluous land and deficiencies of land-tax and rates) ; and

(c)sections one hundred and fifty and one hundred and fifty-one (which relate to access to the Special Act),

shall not apply.

3In determining the amount of compensation payable in respect of the acquisition of any land compulsorily acquired, such reduction, if any, shall be made as is necessary in order to off-set any appreciation in the value of the land which is directly or indirectly ascribable to the war.

4Where possession of any land compulsorily acquired was, before the date of the notice to treat, taken by the Minister or the Committee under Defence Regulations and remained in such possession at that date, the following provisions shall have effect:—

(a)in determining the amount of compensation payable in respect of the acquisition of the land, the value of the land shall be taken to be the price which a willing seller would, at the date of the notice to treat, have been likely to obtain in the open market for the land if it had remained in the condition in which it was at the time when possession was taken as aforesaid;

(b)such adjustment shall be made in the said compensation as may be just, having regard to any payment of, or right to, compensation under the [2 & 3 Geo. 6. c. 75.] Compensation (Defence) Act, 1939, in respect of the taking of possession of the land as aforesaid, and any such adjustment may, if the arbitrator thinks fit, take the form of a direction that the compensation payable to any person on the acquisition of the land shall be wholly or partly conditional on his relinquishing any such right, to such extent as is specified in the direction.

5Where the land acquired is glebe land or other land belonging to an ecclesiastical benefice, sums agreed upon or awarded by way of compensation shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical 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.

Section 18.

THIRD SCHEDULEAmendments of Corn Returns Act, 1882