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DEFENCE OF THE REALM (ACQUISITION OF LAND) ACT 1920 - SECT 3

Provision as to acquisition and possession of land under the principal Act.

3.(1) It is hereby declared that

Para.(a) rep. by SLR 1927

(b)the expressions "Government department in possession" and "occupying
department", where used in the principal Act and this Act mean, and shall be
deemed always to have meant, the Government department for the time being in
possession of land, notwithstanding that the department so in possession is
not the department by which or on whose behalf possession was originally
taken, but is in possession by virtue of a transfer from the said department
or from some other department to which possession has subsequently been
transferred:

(c)where the occupying department has created or purported to create any
tenancy or other interest in the land of which it is in possession in favour
of some other person, or has allowed any other person to use or occupy that
land, the occupying department shall, for the purposes of the principal Act
and this Act, be deemed to have continued in possession of the land,
notwithstanding the interest therein of, or the use or occupation thereof by,
such other person:

(d)the possession by an occupying department shall be deemed not to have been
affected or prejudiced by reason of the land or any part thereof at any time
ceasing or having ceased to be used for the purpose for which possession
thereof was originally taken, or otherwise being or having been used for any
other purpose:

Para.(e) rep. by SLR 1953

(2) A Government department in possession of land under a lease or tenancy
granted or created prior to the commencement of the present war shall have the
like power of removing any building or other work which, for purposes
connected with the present war, has been erected or constructed on, over, or
under that land wholly or partly at the expense of the State as is conferred
by section two of the principal Act on an occupying department, and this power
shall be exerciseable notwithstanding any provision of the lease or tenancy
under which the land is held....

© 1920 Crown Copyright

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