ing up of pasture compulsorily hired for allotment gardens, §§ 8-10. but those provisions still stand in respect of compulsory hiring for small holdings and allotments. 9. The provisions of the Small Holdings and Allotments Acts, 1908 to 1919, enabling grants of land to be made to a county council for the purposes of small holdings at fee farm and other rents, and authorising a county. council to covenant to pay any such rent, shall apply with the necessary adaptations to the acquisition of land by the council of a borough or urban district for the purpose of providing allotments.1 (1) See sect. 40, sub-sect. 5, of the Act of 1908, and sect. 9 of the Act of 1919. Purchase of land for fee farm rents. entry on land. 10.-(1.) The council of a borough or urban district, Powers of or the council of a county to whom the powers and duties unoccupied of a borough or urban district council have been transferred under the provisions of sub-section (2) of section twenty-four of the Small Holdings and Allotments Act, 1908, may, after giving such notice of intention to enter as is hereinafter provided (a) enter upon any land to which this section applies (b) adapt any such land for use for such purpose; ment garden or to any association (being an (d) on the termination of such occupation remove any S.H. 11. § 10. (2.) Before entry under this section, the council shall give not less than fourteen days' notice in writing to the owner of the land, in such manner as notices may be given to an owner under the regulations for the time being applicable to compulsory hiring of land under the Allotments Acts.2 (3.) The right of occupation of the council may be terminated (a) by not less than six months' notice in writing to that effect given by the council to the owner in manner aforesaid, and expiring on or before the sixth day of April, or on or after the twentyninth day of September in any year; or (b) by not less than [three] months' notice in writing given by the owner to the council in any case where the land is required for any purpose other than the use of the land for agriculture [sport, or recreation, and by not less than six months' notice in writing so given and expiring on or before the sixth day of April, or on or after the twenty-ninth day of September when the land. is required for use for sport or recreation].3 (4.) A tenant to whom land is let by a council under this section and whose tenancy is terminated by the termination of the right of occupation of the council shall, unless otherwise agreed in the contract of tenancy, be entitled to recover from the council such compensation (if any) as would have been recoverable if his tenancy had been terminated by notice to quit given by the council, and have the same right to remove his crops as if the tenancy had been so terminated. ་ (5.) Any person who is interested in any land on which entry is made by the council under this section, and who suffers any loss by reason of the exercise of the powers conferred by this section shall, if he makes a claim not later than one year after the termination of the right of occupation, be entitled to be paid by the council such amount or amounts by way of periodical payments or otherwise as may represent the loss, and such amount or amounts shall in default of agreement be determined by a valuation made by a person appointed, in default of agreement, by the Minister: Provided that a periodical payment of compensation in the nature of rent shall not exceed the rental value of the land as defined by this section.5 (6.) This section applies to (a) land which at the date of the notice of intended tion; or c. 63. § 10. (b) land of which at the date of the notice of in- c. 122. except land being the property of a local authority or land which has been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking, or forming part of any metropolitan common within the meaning of the Metropolitan Com- 29 & 30 Vict. mons Act, 1866, or any land which is subject, or might be made subject, to regulation under an order or scheme made in pursuance of the Inclosure Acts, 1845 to 1899, or under any local Act or otherwise, or land which is or forms part of any town or village green, or any area dedicated or appropriated as a public park, garden, or pleasure ground, or for use for the purposes of public recreation, or land forming part of the New Forest (as defined in the § 10. 40 & 41 Vict. c. cxxi. 7 Edw. 7, c. cxxxvi. New Forest Act, 1877), or of the trust property to which the National Trust Act, 1907, applies. (7.) For the purposes of this section— The expression "rental value" means the annual rent which a tenant might reasonably be expected to pay for the land if the land had continued in the same condition as at the date when entry was made under this section, or at the date when possession thereof was so first taken as aforesaid, as the case may be. The expression "rateable occupation" means such occupation as would involve liability to payment of the poor rate or any rate leviable in like manner as the poor rate. The expression "owner" includes the person who, but for the occupation of the council, would be entitled to the possession of the land. (1) It is to be noted that this section, which gives special powers of entry on unoccupied land as defined in sub-sect. 6, is only available to borough or urban district councils or county councils to whom the powers of a borough or urban district council have been transferred under sect. 24, sub-sect. 2, of the Act of 1908 in default of action by the borough or urban district council, and can only be exercised for the provision of allotment gardens. As to what land it applies, see sub-sect. 6. (2) For the regulations applying to compulsory hiring, see post, p. 265. (3) The words in square brackets were inserted by the Act of 1925, s. 6. (4) The Act of 1925, s. 7, amends this sub-section by providing that where the rent payable by a tenant exceeds 3d. per pole his right to compensation shall accrue notwithstanding any agreement to the contrary in the contract of tenancy, unless in the case of a tenancy existing on 7th August, 1925, the council within three months from that date have given the notice therein referred to: see post, p. 184. (5) For definition of "rental value," see sub-sect. 7. (6) See the explanation contained in sect. 30 of the Act of 1919 as to the application of the Defence of the Realm Act, 1916, ante, p. 124. questions 11.—(1.) Where land has been let to a local authority §§ 11, 12. or to an association for the purpose of being sub-let for Determinause as allotment gardens, or is occupied by a council under tion of the powers of entry conferred by this Act, and the land- arising on lord, or the person who but for such occupation would be of land. entitled to the possession of the land, proposes to resume possession of the land in accordance with the provisions of this Act for any particular purpose, notice in writing of the purpose for which resumption is required shall be given to the local authority or association.1 (2.) The local authority or association may, by a counter notice served within [twenty-one] 2 days after receipt of such notice on the person requiring possession, demand that the question as to whether resumption of possession is required in good faith for the purpose specified in the notice shall be determined by arbitration under and in accordance with the provisions of the Second Schedule to the Agricultural Holdings Act, 1908.3 (3.) Possession of the land shall not be resumed until after the expiration of the said period of [twenty-one] 2 days or the determination of such question as aforesaid where such determination is demanded under this section. (4.) This section shall not apply to any case where resumption of possession is required by a corporation or company being the owners or lessees of a railway, dock, canal, water, or other public undertaking. (1) For the purposes for which possession may be recovered, see sect. 1, sub-sect. 1, and sect. 10, sub-sect. 3. (2) The words in square brackets were substituted for the word "ten by the Allotments Act, 1925. (3) See now the Second Schedule to the Agricultural Holdings Act, 1923, which has taken the place of the Agricultural Holdings Act, 1908. 12.—(1.) Where an order has been made for the com- Time limit pulsory acquisition of any land and notice to treat there- for serving under is not served by the acquiring authority within treat for notice to |