War Damage (Amendment) Act 1943
| Jurisdiction | UK Non-devolved |
| Citation | 1943 c. 12 |
| Year | 1943 |
War Damage (Amendment) Act, 1943
(6 & 7 Geo. 6.) CHAPTER 12.
An Act to amend subsection (1) of section four of the War Damage Act, 1941, and to make consequential amendments; and to supply certain omissions from the provisions enacted by that Act and the War Damage (Amendment) Act, 1942, as to rentcharges.
[25th March 1943]
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 Determinations under s. 4 \(1) of 4 & 5 Geo. 6. c. 12 to be by reference to prices current at 31st March, 1939.
(1) Where the question whether a payment in respect of any war damage under Part I of the War Damage Act, 1941 (in this Act referred to as ‘the principal Act’) is to be a payment of cost of works or a value payment falls to be determined under subsection (1) of section four of, or under paragraph 2 of the Third Schedule to, that Act, the question shall be determined by reference to prices current at the thirty-first day of March, nineteen hundred and thirty-nine, and accordingly the provisions of that Act and of the War Damage (Amendment) Act, 1942 (in this Act referred to as ‘the amending Act’) specified in the Schedule to this Act shall be amended as therein provided.
(2) The preceding subsection and the Schedule to this Act shall have effect wherever the said question falls to be determined as aforesaid after the passing of this Act, whether the war damage in question occurred before or after the passing of this Act, and, in a case in which the said question has been determined before the passing of this Act, the Commission may review their determination and, if satisfied that it would have been different if it had been taken after the passing of this Act, they may if they think fit, after consultation with the persons appearing to them to be interested, alter their determination.
(3) Any increase attributable to the provisions of this section or of the Schedule to this Act in the sums payable out of moneys provided by Parliament under section fifty-four of the principal Act shall be defrayed out of moneys so provided.
2 Minor amendments as to rentcharges.
(1) At the end of sub-paragraph (11) of paragraph 5 of the First Schedule to the amending Act (which requires that, in ascertaining the annual value of land available for meeting a rentcharge, the amount of any prior rentcharge should be deducted) the following proviso shall be inserted, that is to say—
‘Provided that, in ascertaining the available annual value of the charged land in a hereditament, no deduction shall be made from the annual value thereof in respect of any such amount as aforesaid, in so far as the owner of the rentcharge...
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