Lands Tribunal Act 1949
| Year | 1949 |
Lands Tribunal Act , 1949
(12, 13 & 14 Geo. 6) CHAPTER 42
An Act to establish new tribunals to determine in place of official arbitrators and others certain questions relating to compensation for the compulsory acquisition of land and other matters, to amend the Acquisition of Land (Assessment of Compensation) Act, 1919, with respect to the failure to deliver a notice of claim, and for purposes connected therewith.
[14th July 1949]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Establishment and jurisdiction of Lands Tribunal.
(1) There shall be set up, to exercise the jurisdiction hereafter mentioned in this Act, the following tribunals, namely—
(a ) a tribunal for Scotland, to be called ‘the Lands Tribunal for Scotland’; and
(b ) a tribunal for the remainder of the United Kingdom, to be called ‘the Lands Tribunal.’
(2) Except in so far as the context otherwise requires, references in this Act to the Lands Tribunal shall be taken, in relation to Scotland, as references to the Lands Tribunal for Scotland.
(3) There shall be referred to and determined by the Lands Tribunal—
(a ) any question which is by any Act (including a local or private Act) directed, in whatever terms, to be determined by a person or one or more persons selected from either of the following panels, that is to say,—
(i) the panel of official arbitrators appointed under the Acquisition of Land Act; and
(ii) the panel of referees appointed under Part I of the Finance (1909-10) Act, 1910;
or which is so directed to be determined in the absence of agreement to the contrary;
(b ) any other question of disputed compensation under the Lands Clauses Acts, where the claim is for the injurious affection of any land and is against an authority to whom the Acquisition of Land Act applies;
(c ) any question arising on an acquisition by any such authority as to the apportionment mentioned in section one hundred and sixteen of the Lands Clauses Consolidation Act, 1845, of any rent charge or other matter to which that section applies;
(d ) any dispute arising in relation to the determination of the development values of interests in land by the Central Land Board or other authority prescribed under section sixty of the Town and Country Planning Act, 1947;
(e ) any question on which, but for this provision, an appeal or reference to the county court would or might be made by virtue of section forty-nine, sixty-two or eighty-seven of the Local Government Act, 1948.
(4) The Lands Tribunal shall also exercise—
(a ) the jurisdiction conferred on the Authority under section eighty-four of the Law of Property Act, 1925 (which relates to the discharge and modification of restrictive covenants); and
(b ) any other jurisdiction conferred by any Act (including a local or private Act), or instrument made under any such Act, on a person or one or more persons selected as mentioned in paragraph (a ) of the last foregoing subsection (including the power to give a certificate of value conferred by section nine of the Acquisition of Land Act).
(5) The Lands Tribunal may also act as arbitrator under a reference by consent, and any agreement entered into before the commencement of this Act which provides for referring any matter to arbitration by a person or one or more persons selected as aforesaid shall, subject to any subsequent agreement, have effect as if it provided for referring the matter to arbitration by the Lands Tribunal.
(6) Where an authority to whom the Acquisition of Land Act applies is or may be liable for any compensation falling to be determined under section fifty-eight or one hundred and six of the Lands Clauses Consolidation Act, 1845 (which sections relate to the procedure in default of a claimant), the surveyor referred to in those sections, instead of being appointed in accordance therewith, shall be selected as hereinafter mentioned from the members of the Lands Tribunal.
(7) References in this section to an authority to whom the Acquisition of Land Act applies include any body of persons which is, or is directed by any enactment to be treated as, a local or public authority within the meaning of that Act.
(8) In relation to the Lands Tribunal for Scotland this section shall have effect with the substitution—
(a ) of references to sections fifty-seven, ninety-seven and one hundred and nine of the Lands Clauses Consolidation (Scotland) Act, 1845, for the references to sections fifty-eight, one hundred and six and one hundred and sixteen respectively of the Lands Clauses Consolidation Act, 1845; and
(b ) of a reference to section fifty-seven of the Town and Country Planning (Scotland) Act, 1947, for the reference to section sixty of the Town and Country Planning Act, 1947.
2 Members, officers and expenses of Lands Tribunal.
(1) The Lands Tribunal shall consist of a President and such number of other members as the Lord Chancellor may determine, to be appointed by the Lord Chancellor.
(2) The President shall be either a person who has held judicial office under the Crown (whether in the United Kingdom or not) or a barrister-at-law of at least seven years' standing, and of the other members of the Lands Tribunal such number as the Lord Chancellor may determine shall be barristers-at-law or solicitors of the like standing and the others shall be persons who have had experience in the valuation of land appointed after consultation with the president of the Royal Institution of Chartered Surveyors.
(3) In the case of the temporary absence or inability to act of the President, the Lord Chancellor may appoint another member of the Lands Tribunal to act as deputy for the President, and a member so appointed shall, when so acting, have all the functions of the President.
(4) If a member of the Lands Tribunal becomes, in the opinion of the Lord Chancellor, unfit to continue in office or incapable of performing his duties, the Lord Chancellor shall forthwith declare his office to be vacant and shall notify the fact in such manner as he thinks fit, and thereupon the office shall become vacant.
(5) Subject to the last foregoing subsection, the appointment of a member of the Lands Tribunal shall be for such term as may be determined by the Lord Chancellor, with the approval of the Treasury, before his appointment, and shall be subject to such conditions as may be so determined, and a person who ceases to hold office as a member of the Lands Tribunal shall be eligible for re-appointment thereto.
(6) There may be paid to the members of the Lands Tribunal such remuneration, and such travelling and subsistence allowances, and to persons who have been members thereof such superannuation allowances, as the Lord Chancellor may, with the approval of the Treasury, determine.
(7) The Lord Chancellor may appoint such officers and servants of the Lands Tribunal as he may, with the approval of the Treasury as to numbers and remuneration, determine.
(8) The remuneration and allowances of members and superannuation allowances of past members of the Lands Tribunal, the remuneration of the officers and servants appointed by the Lord Chancellor, and such other expenses of the Lands Tribunal as the Treasury may determine, shall be defrayed out of moneys provided by Parliament.
(9) In relation to the Lands Tribunal for Scotland this section shall have effect with the substitution—
(a ) of references to the Lord President of the Court of Session or, in subsections (5) to (8), to the Secretary of State for references to the Lord Chancellor;
(b ) of a reference to the chairman of the Scottish Branch of the Royal Institution of Chartered Surveyors for the reference to the President of that institution;
(c ) of references to an advocate for references to a barrister-at-law.
3 Procedure, appeals, costs and fees.
(1) Subject to the provisions of this Act, the jurisdiction of the Lands Tribunal may be exercised by any one or more of its members, and references in this Act to the Lands Tribunal shall be construed accordingly.
(2) The member or members who is or are to deal with any case shall be selected as follows:—
(a ) the President may select a member or members to deal with a...
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