Admiralty Lands and Works Act 1864

JurisdictionUK Non-devolved
Citation1864 c. 57
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Septimo & Vicesimo Octavo. An Act to make Provision respecting the Acquisition of Lands required by the Admiralty for the Public Service, and respecting the Use and Disposition thereof, and the Execution of Works thereon.

(27 & 28 Vict.) C A P. LVII.

[25th July 1864]

'WHEREAS it is expedient to make Provision for the Acquisition by the Admiralty, by Agreement, of Lands required for the Public Service:

And whereas it is expedient to consolidate into One General Act sundry Provisions usually introduced into Special Acts from Time to Time empowering the Admiralty to purchase particular Lands for the Public Service by Agreement or compulsorily, and that as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the several Special Acts as for insuring greater Uniformity in the Provisions themselves:

And whereas it is expedient to make Provision respecting the Use and Management of Lands held by the Admiralty for the Public Service, and respecting the Disposition thereof when no longer required for the Public Service, and also respecting the Execution of Works by the Admiralty in certain Cases:'

Be it therefore enacted by the Queen'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:

Preliminary.

Preliminary.

S-1 Short Title.

1 Short Title.

1. This Act may be cited as TheAdmiralty Lands and Works Act, 1864.

S-2 Interpretation of Terms.

2 Interpretation of Terms.

2. In this Act—

The Term ‘the Admiralty’ means the Lord High Admiral of the United Kingdom or the Commissioners for executing the Office of Lord High Admiral:

The Term ‘the Lands Clauses Acts’ means with respect to Lands inEngland The Lands Clauses Consolidation Act, 1845, and with respect to Lands in Scotland The Lands Clauses Consolidation (Scotland ) Act, 1845, together with in each Case The Lands Clauses Consolidation Acts Amendment Act, 1860, and with respect to Lands in Ireland The Railways Act (Ireland ), 1851, including Acts incorporated in or amending the same:

The Term ‘Lands’ includes any Estate, Term, Easement, Right, or Interest in, to, over, or affecting Lands.

In the Construction of the Lands Clauses Acts in connexion with this Act the Term ‘the Promoters of the Undertaking’ therein used shall mean the Admiralty, and the Term ‘Lands’ therein used shall have the Meaning herein-before assigned to it.

I.—Acquisition of Lands by Agreement.

I.—Acquisition of Lands by Agreement.

S-3 Power to Admiralty to take Lands by Agreement.

3 Power to Admiralty to take Lands by Agreement.

3. Subject and according to the Provisions of this Act, the Admiralty may from Time to Time by Agreement purchase or take Lands requisite for Her Majesty's Naval Service, or for the Use or Requirements of any Force or Department in the Employment or under the Direction or Control of the Admiralty, and for that Purpose may enter into, execute, and do all necessary and proper Contracts, Assurances, and Things.

S-4 Incorporation of Lands Clauses Acts, except Provisions giving compulsory Powers, &c.

4 Incorporation of Lands Clauses Acts, except Provisions giving compulsory Powers, &c.

4. For the Purposes of any such Purchase or taking, the Lands Clauses Acts shall be incorporated with this Act (for which Purpose this Act shall be deemed the Special Act), except as to so much of the Lands Clauses Acts as relates to the Purchase or taking of Lands otherwise than by Agreement, and to Access to the Special Act.

II.—Acquisition of Lands under Special Acts.

II.—Acquisition of Lands under Special Acts.

S-5 Incorporation of Lands Clauses Acts with Special Acts.

5 Incorporation of Lands Clauses Acts with Special Acts.

5. Where by any Special Act of the present or any future Session compulsory Powers of purchasing or taking particular Lands are given to the Admiralty, the Lands Clauses Acts shall, subject to the Provisions or this Act, be incorporated with the Act giving those Powers (which shall for this Purpose be deemed the Special Act), except as to so much of the Lands Clauses Acts as relates to Access to the Special Act.

S-6 Power to Admiralty to withdraw Notice for Purchase within limited Time.

6 Power to Admiralty to withdraw Notice for Purchase within limited Time.

6. If in any Case, after Notice has been given by the Admiralty for the compulsory Purchase or taking of any Lands under any such Special Act as aforesaid of the present or any future Session, it appears to the Admiralty, from a Change of Circumstances, or other Reasons, unnecessary or in-expedient to complete the Purchase or taking of such Lands, or any Part thereof, the Admiralty may within Two Months after giving the Notice give to the Parties entitled to receive the First Notice a further Notice to the Effect that they thereby withdraw the First Notice wholly or in part, and thereupon the Lands comprised in the Notice of Withdrawal shall be discharged from the Effect of the First Notice wholly or to the Extent of the Notice of Withdrawal (as the Case may be); provided that nothing herein shall—

(1) (1.) prejudice any Claim of any Owner of or Person interested in such Lands for Compensation for such Damage (if any) as he may have sustained in consequence of the giving of the First Notice; or

(2) (2.) give to any Person receiving Notice for the Purchase or taking of Lands any further or other Right as against the Admiralty than he would have had if this Enactment had not been made.

S-7 Incorporation of Railways Clauses Acts as to Correction of Errors &c. in Books of Reference, &c.

7 Incorporation of Railways Clauses Acts as to Correction of Errors &c. in Books of Reference, &c.

7. In every such Special Act as aforesaid of the present or any future Session there shall also be incorporated, where the Lands authorized to be purchased or taken compulsorily are situate inEngland or Ireland , Sections Seven and Ten of The Railways Clauses Consolidation Act, 1845, and where the Lands are situate in Scotland , Sections Seven and Ten of The Railways Clauses Consolidation (Scotland ) Act, 1845, for which Purpose such Act of the present or any future Session shall be deemed the Special Act, and the Admiralty shall be deemed the Company.

S-8 Limit of Time for compulsory Purchases.

8 Limit of Time for compulsory Purchases.

8. The Powers of the Admiralty for the compulsory Purchase of Lands for the Purposes of any such Special Act as aforesaid of the present or any future Session shall not be exercised after the Expiration of Five Years from the passing of that Act.

III—Vesting, Management, &c. of Lands.

III—Vesting, Management, &c. of Lands.

S-9 Lands to vest in Lords of Admiralty, &c. for the Time being.

9 Lands to vest in Lords of Admiralty, &c. for the Time being.

9. Lands purchased or taken by the Admiralty as aforesaid, by Agreement or compulsorily, shall, according to the Nature and Quality of such Lands, and the Estate, Term, or Interest acquired by the Admiralty therein, vest in the Admiralty for the Time being, and go to and be held by the Lord High Admiral for the Time being, or the Commissioners for the Time being for executing the Office of Lord High Admiral, in succession, in trust for Her Majesty, Her Heirs and Successors, for the Public Service.

S-10 Powers of Management, &c. of Lands.

10 Powers of Management, &c. of Lands.

10. Subject to the Provisions of this Act and of any such Special Act as aforesaid of the present or any...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT