Land and Works

1Power for Secretary of State to carry into effect purposes of Act.

The Secretary of State for the War Department (herein-after called the Secretary of State) may forthwith proceed to carry into effect the purposes of this Act, and with a view to carrying the same into effect may acquire such lands and execute such works as he may deem expedient; and all lands acquired for the purposes of this Act shall vest in the Secretary of State on behalf of Her Majesty.

2Power of Secretary of State for purchase of land.

With a view to the purchase of lands in the United Kingdom for the purposes of this Act, or for the purposes of artillery or rifle ranges, or for the purposes of drill or other military purposes of volunteer corps or of other portions of Her Majesty's military forces, the Lands Clauses Acts shall be incorporated with this Act, with the exceptions and additions and subject to the provisions following; (that is to say,)

(1)There shall not be incorporated with this Act sections sixteen or seventeen of the [8 & 9 Vict. c. 18.] Lands Clauses Consolidation Act, 1845, or the provisions of that Act with respect to affording access to the special Act, or sections fifteen or sixteen of the [8 & 9 Vict. c. 19.] Lands Clauses Consolidation (Scotland) Act, 1845.

(2)In the construction of this Act and the incorporated Acts this Act shall be deemed to be " the special Act," and the Secretary of State shall be deemed to be " the promoters of the undertaking."

(3)The bond required by section eighty-five of the Lands Clauses Consolidation Act, 1845, and by section eighty-four of the Lands Clauses Consolidation (Scotland) Act, 1845, shall be under the seal of the Secretary of State and shall be sufficient without the addition of the sureties in those sections mentioned.

(4)The word " lands" shall in this Act and the incorporated Acts include any easement in lands.

(5)When compensation has been paid to any person in respect of any estate or interest in lands taken under this Act, the lands shall vest in the Secretary of State for all the estate and interest of that person, including any estate or interest therein held in trust by that person or capable of being conveyed by him in pursuance of any power. Nevertheless the Secretary of State may require that person to execute any conveyance which he might have been required to execute if this Act had not passed, and nothing in this section shall in any manner invalidate any such conveyance when executed.

(6)The Secretary of State shall not put in force the provisions of the incorporated Acts with respect to the purchase of land compulsorily until he has obtained the sanction of Parliament in manner in this Act mentioned.

(7)One month at the least before making any application to Parliament for sanction to the compulsory purchase of land under this Act the Secretary of State shall serve, in manner provided by the Lands Clauses Acts, a notice on every owner or reputed owner, lessee or reputed lessee, and occupier of any land intended to be so purchased, describing the land intended to be taken, and in general terms the purposes to which it is to be applied, and stating the intention of the Secretary of State to obtain the sanction of Parliament to the purchase thereof, and inquiring whether the person so served assents or dissents to the taking of his land, and requesting him to forward to the Secretary of State any objections he may have to his land being taken.

(8)The Secretary of State shall, at some time after the service of the notice, make a local inquiry by a competent officer into the objections made by any persons whose land is required to be taken, and by other persons, if any, interested in the subject matter of the inquiry.

(9)If after the inquiry has been made the Secretary of State is satisfied that the land ought to be taken, he may submit a Bill to Parliament containing provisions authorising him to take the land, and any such Bill shall be deemed to be a public Bill, and, if passed into an Act, to have conveyed to the Secretary of State the sanction of Parliament to purchase the land therein mentioned or referred to.

Provided that if, while the Bill is pending in either House of Parliament, a petition is presented against anything comprised therein, the Bill may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of private Bills.

3Amendment of 49 Vict. c.5 as to grant of land for military purposes.

The persons and bodies of persons mentioned in section two of the Drill Grounds Act, 1886, as being authorised to grant land or a licence to use land for the purposes therein mentioned may, at their option, grant either land or a licence to use land for the purpose of artillery or rifle ranges, or for the purposes of drill or other military purposes of volunteer corps, or of other portions of Her Majesty's military forces, and the provisions of that section shall apply accordingly.

4Power to settle compensation by arbitration.

Where land is acquired under the [5 & 6 Vict. c. 94.] Defence Act, 1842, and the Acts amending the same, the compensation to be paid for the land may, if both parties agree, be settled by arbitration instead of by reference to a jury, and thereupon the provisions of the Lands Clauses Acts shall apply as in the case of an arbitration under those Acts.

Expenses of Act

5Issue of money out of Consolidated Fund for expenses of Act.

The Treasury shall issue out of the Consolidated Fund, or the growing produce thereof, such sums, not exceeding in the whole the sum of four million one hundred thousand pounds, as may be required by the Secretary of State for carrying into effect the purposes of this Act both in the United Kingdom and in the Colonies according to estimates to be approved by the Treasury.

6Restrictions on applications of money issued.

(1)Before any moneys are issued for the purpose of expenditure under any one of the heads in the Schedule to this Act, the Secretary of State shall submit to the Treasury an estimate, with such details as may be required by the Treasury, of the expenditure under that head for which it is for the time being proposed to issue money.

(2)The amount specified in the Schedule to this Act for contingent expenses for the purposes of this Act, or any part of that amount, may, with the approval of the Treasury, be added to the amount stated under any other head in the Schedule ; but, save as foresaid, there shall be no excess of any expenditure proposed by the estimate under any head in the Schedule above the amount stated for that head in the Schedule, unless there is given a joint certificate of the Treasury and Secretary of State certifying that the excess is compensated by a saving under some other head, and that the excess will not cause the total expenditure to exceed the total sum specified in the Schedule, and upon such certificate being given the said saving may be applied towards the payment of the said excess.

7Borrowing to raise money for purposes of Act.

(1)Subject to the proviso herein-after contained, the Treasury may, if they think fit, at any time after the thirty-first day of March one thousand eight hundred and ninety-one, borrow for the purpose of—

(a)providing money for sums to be issued after that date out of the Consolidated Fund under the authority of this Act; or

(b)repaying to that fund all or any part of the sums so issued; or

(c)paying off any securities issued under this section or replacing in any financial year money expended in paying off such securities in the same financial year.

(2)For the purposes of this section the Treasury may raise money by means of Treasury bills or Exchequer bonds or terminable annuities or otherwise on the credit of the charge created by this Act on the Consolidated Fund, or partly in one method and partly in another, and all sums borrowed under this section shall be paid into the Exchequer.

(3)The principal of the securities created or issued, and of the money borrowed under this section, and all interest from time to time due thereon, so far as not otherwise provided for under this Act, shall be paid out of moneys provided by Parliament; and, if those moneys are insufficient, shall be charged on and paid out of the Consolidated Fund or the growing produce thereof, but shall not be payable as part of the permanent annual charge for the National Debt.

(4)Every loan raised in pursuance of this section shall be discharged before such date as may be fixed by the Treasury.

(5)If any money is borrowed in pursuance of this section, interest at a rate fixed by the Treasury on the amount so borrowed, or so much thereof as is for the time being due, and such additional sum as may be fixed by the Treasury for repaying the money borrowed within the time limited in pursuance of this section, shall be paid out of the moneys annually provided by Parliament for army services.

8Power to sell existing barracks and apply proceeds of sale to purposes of Act.

The Secretary of State may, with the concurrence of the Treasury, sell any land in the United Kingdom for the time being vested in him, and occupied for barracks or for purposes connected therewith, and the proceeds of any such sale shall be applied to the purposes of this Act, and the amount authorised to be issued out of the Consolidated Fund under this Act shall be reduced accordingly.

Provided that if the total proceeds of such sales exceed the total amount so authorised the excess shall be paid into the Exchequer.

9Accounts of expenditure.

(1)The Secretary of State shall, at the end of every financial year in which any part of any sum issued under this Act is expended, cause to be made out an account, in such form as may be required by the Treasury, showing as follows:

(a)the money expended during that year in pursuance of this Act, and the purposes on which that money was expended, distinguishing the expenditure under each of the heads in the Schedule to this Act; and

(b)the mode in which that money was provided, and the securities (if any) created for providing the same; and

(c)the aggregate amount of money expended since the passing of this Act on the purposes thereof, and the aggregate amount of money borrowed and of securities (if any) created for providing for the same; and

(d)the balance (if any) of the sums authorised by this Act to be issued.

(2)The accounts of expenditure under this Act shall be audited and reported upon by the Comptroller and Auditor General as appropriation accounts in manner directed by the [29 & 30 Vict. c. 39.] Exchequer and Audit Departments Act, 1866.

10Power for bank to lend.

The Bank of England shall have power to advance to the Treasury any money which may be required for the purposes of this Act.

Supplemental

11Exemption from stamp duty.

All contracts, conveyances, and other documents made in pursuance of or with a view to carrying into effect the purposes of this Act shall be exempted from stamp duty.

12Saving.

Nothing in this Act shall affect the right of the Secretary of State to exercise any powers of acquiring land or other powers vested in him by any Act passed before this Act.

13Short title.

This Act may be cited as the Barracks Act, 1890.

Section 6.

SCHEDULEHeads of Proposed Expenditure