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Power to establish Local Committees, etc.

1919.

c. 66.

2. (1) The Board of Trade may, as and when it appears to 9 & 10 Geo. 5. them necessary or expedient, establish, or or expedient, establish, or authorise any local authority or authorities to establish, local or other committees, to whom the Board may delegate any or all of their powers under this Act in respect of any articles or classes of articles, or sales, except the power of the Board to fix prices; and the effect of any order by a committee under such delegated powers shall be the same as that of an order of the Board, and this Act shall have effect accordingly.

(2) Subject as aforesaid, the Board may make regulations and give directions as to the constitution, powers, and procedure of committees established under this section, and the districts for which they shall act, which regulations and directions shall have effect as though enacted in this Act:

Provided that

(a) every regulation so made shall be laid before both Houses
of Parliament as soon as may be after it is made, and,
if an Address is presented by either House within twenty-
one days from the date on which that House has sat next
after any such regulation is laid before it praying that
the regulation may be annulled, His Majesty in Council
may annul the regulation, but without prejudice to the
validity of anything previously done thereunder; and
(b) such regulations shall provide that a member of a com-
mittee established by a local authority shall be disquali-
fied from acting in any case where he is a trade com-
petitor of the person against whom the complaint under
investigation has been lodged, and shall provide for a
right of appeal by the seller from any order or decision
of local committees other than a decision to take pro-
ceedings before a court of summary jurisdiction to appeal
tribunals appointed by the Board for the purpose, and
for the constitution, powers, and procedure of such appeal
tribunals, and shall make such provision as appears to
the Board necessary for the prevention of frivolous com-
plaints; and

(c) such regulations shall provide for the inclusion of women
on all local committees.

Operations of Trusts, etc.

3. Without prejudice to the generality of the powers under this Act, the Board of Trade shall obtain from all available sources information as to the nature, extent, and development of trusts, companies, firms, combinations, agreements, and arrangements connected with mining, manufactures, trade, commerce, finance, or transport, having for their purpose or effect the regulation of the prices or output of commodities or services produced or rendered in

1919.

the United Kingdom or imported into the United Kingdom, or the 9 & 10 Geo. 5. delimitation of markets in respect thereof, or the regulation of trans

c. 66.

port rates and services, in so far as they tend to the creation of monopolies or to the restraint of trade, and the Board of Trade shall, for the purposes of this section, utilize the powers of investigation and of appointing committees conferred upon them by this Act.

Power to authorise Local Authorities to Trade.

4. The Board of Trade may, if they think fit, authorise local authorities, subject to such conditions as the Board may impose, to purchase and sell any article, or articles of any class, to which this Act applies, and any local authority so authorised shall have all necessary powers for the purpose, but such conditions shall, as far as possible, insure that any local authority so purchasing and selling shall proceed on a commercial basis and not by way of subsidy at the expense of the ratepayers.

Publicity of Proceedings, etc.

5. The proceedings before the Board of Trade or any committee or tribunal under this Act shall, unless in special cases the Board of Trade otherwise direct, be held in public, where such proceedings are founded on a complaint.

Save as aforesaid, information and documents required to be given or produced to the Board of Trade or to a committee or tribunal under this Act shall be treated as confidential, except in cases where the person giving or producing the same otherwise agrees, and in cases where legal proceedings are taken, for the purpose of such proceedings:

Provided that nothing herein shall be taken as preventing the Board or any committee or tribunal from publishing their findings and decisions. Any investigation under this Act shall, for the purposes of the law relating to libel and slander, be deemed to be proceedings before a court exercising judicial authority.

Consultation with Food Controller.

6. The powers of the Board of Trade under this Act shall, in relation to articles of food or drink to which this Act applies, be exercised jointly or in agreement with the Food Controller.

Expenses.

7-(1) The expenses of any local committees established by local authorities under this Act shall be defrayed by the local authorities out of such fund or rate, and in such manner as may be directed by the Board of Trade; and any expenses of the Board of Trade under this Act to an amount not exceeding seventy-five thousand pounds, shall, subject to the approval of the Treasury, be paid out of moneys provided by Parliament.

(2) Such expenses may in either case include such payment to the chairmen and members of committees and tribunals, in respect of

their travelling expenses and loss of time, as appears to the Board reasonable and is approved by the Treasury.

(3) Any fines imposed at the instance of a local committee established by a local authority under this Act shall be applied in aid of the fund or rate out of which the expenses of the committee are required to be paid under this Act, and any other fines imposed under this Act shall be paid into the Exchequer.

Short Title and Duration.

8. (1) This Act may be cited as the Profiteering Act, 1919. (2) This Act shall continue in force for six months and no longer, unless Parliament otherwise determines.

1919.

9 & 10 Geo. 5.

c. 66.

1919.

9 & 10 Geo. 5.

c. 57.

ACQUISITION OF LAND (ASSESSMENT OF
COMPENSATION) ACT, 1919.

9 & 10 GEO. 5, C. 57.

An Act to amend the law as to the Assessment of Compensation in respect of Land acquired compulsorily for public purposes and the costs in proceedings thereon.

[19th August, 1919.]

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:

Tribunal for assessing Compensation in Respect of Land compulsorily acquired for Public Purposes.

1. (1) Whereby or under any statute (whether passed before or after the passing of this Act) land is authorised to be acquired compulsorily by any Government Department or any local or public authority, any question of disputed compensation, and, where any part of the land to be acquired is subject to a lease which comprises land not acquired, any question as to the apportionment of the rent payable under the lease, shall be referred to and determined by the arbitration of such one of a panel of official arbitrators to be appointed under this section as may be selected in accordance with rules made by the Reference Committee under this section.

(2) Such number of persons, being persons with special knowledge in the valuation of land, as may be appointed for England and Wales, Scotland and Ireland by the Reference Committee, shall form a panel of persons to act as official arbitrators for the purposes of this Act in England and Wales, Scotland and Ireland respectively Provided that of the members of the said panel for England and Wales one at least shall be a person having special knowledge of the valuation of land in Wales and acquainted with the Welsh language.

(3) A person appointed to be a member of the panel of official arbitrators shall hold office for such term certain as may be determined by the Treasury before his appointment, and whilst holding office shall not himself engage, or be a partner of any other person who engages, in private practice or business.

(4) There shall be paid out of moneys provided by Parliament to official arbitrators such salaries or remuneration as the Treasury may determine.

(5) The Reference Committee

(a) for England and Wales shall consist of the Lord Chief Justice of England, the Master of the Rolls and the President of the Surveyors' Institution;

(b) for Scotland shall consist of the Lord President of the 1919. Court of Session, the Lord Justice Clerk and the Chair- 9 & 10 Geo 5. man of the Scottish Committee of the Surveyors' Institution;

(c) for Ireland shall consist of the Lord Chief Justice of Ireland, the Master of the Rolls in Ireland and the President of the Surveyors' Institution, or (if the President of the Surveyors' Institution thinks fit) a person, being a member of the council of that institution and having special knowledge of valuation of land in Ireland appointed by him to act in his place.

Rules for the Assessment of Compensation

2. In assessing compensation, an official arbitrator shall act in accordance with the following rules:

(1) No allowance shall be made on account of the acquisition
being compulsory :

(2) The value of land shall, subject as hereinafter provided,
be taken to be the amount which the land if sold in the
open market by a willing seller might be expected to
realise Provided always that the arbitrator shall be en-
titled to consider all returns and assessments of capital
value for taxation made or acquiesced in by the claimant :
(3) The special suitability or adaptability of the land for any
purpose shall not be taken into account if that purpose is
a purpose to which it could be applied only in pursuance
of statutory powers, or for which there is no market
apart from the special needs of a particular purchaser or
the requirements of any Government Department or any
local or public authority: Provided that any bonâ fide
offer for the purchase of the land made before the pass-
ing of this Act which may be brought to the notice of the
arbitrator shall be taken into consideration:

(4) Where the value of the land is increased by reason of the
use thereof or of any premises thereon in a manner which
could be restrained by any court, or is contrary to law, or
is detrimental to the health of the inmates of the premises
or to the public health, the amount of that increase shall
not be taken into account :

(5) Where land is, and but for the compulsory acquisition
would continue to be, devoted to a purpose of such a
nature that there is no general demand or market for
land for that purpose, the compensation may, if the
official arbitrator is satisfied that reinstatement in some
other place is bonâ fide intended, be assessed on the basis
of the reasonable cost of equivalent reinstatement :
(6) The provisions of Rule (2) shall not affect the assessment
of compensation for disturbance or any other matter not
directly based on the value of land.

c. 57.

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