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MILITARY LANDS ACT 1892

MILITARY LANDS ACT 1892 - LONG TITLE

An Act to consolidate and amend certain Enactments relating to the
Acquisition of Land for Military Purposes.{1}
[27th June 1892]
PART I

MILITARY LANDS ACT 1892 - SECT 1

1.(1) A Secretary of State may purchase land in the United Kingdom
under this Act, for the military purposes of any portion of Her
Majesty's military forces [or for the naval purposes of any portions
of Her Majesty's naval forces.]

(2) A volunteer corps may, with the consent of the Secretary of
State, themselves purchase land under this Act for military purposes.

(3) The council of a county or borough may, at the request of one
or more volunteer corps, purchase under this Act, and hold, land on
behalf of the volunteer corps for military purposes.

(4) The Secretary of State shall, before giving his consent to the
purchase of any land under this Act by a volunteer corps, send an
inspector to the land for the purpose of ascertaining its
capabilities of being used for military purposes with due regard to
the safety and convenience of the public, and shall give or
withhold his consent accordingly.

MILITARY LANDS ACT 1892 - SECT 2
Machinery for purchase of land.

2. For the purpose of the purchase of land under this Act, the
Lands Clauses Acts shall be incorporated with this Act, with the
exceptions and additions and subject to the provisions following;
(that is to say,)

(1)There shall not be incorporated with this Act sections sixteen or
seventeen of the Lands Clauses Consolidation Act, 1845, or the
provisions of that Act with respect to affording access to the
special Act.

(2)In the construction of this Act and the incorporated Acts this
Act shall be deemed to be the special Act, and the Secretary of
State, volunteer corps, or council of a county or borough, as the
case may be (in this section referred to as "the purchaser"), shall
be deemed to be the promoters of the undertaking.

(3)Where the Secretary of State is the purchaser

(a)The bond required by section eighty-five of the Lands Clauses
Consolidation Act, 1845, shall be under the seal of the Secretary
of State, and shall be sufficient without the addition of the
sureties in those sections mentioned.

(b)When compensation has been paid to any person in respect of any
estate or interest in land taken under this Act, the land shall
vest in the Secretary of State for all the estate and interest of
that person, including any estate or interest therein held in trust
by that person or capable of being conveyed by him in pursuance of
any power. Nevertheless the Secretary of State may require that
person to execute any conveyance which he might have been required
to execute if this Act had not passed; and nothing in this section
shall in any manner invalidate any such conveyance when executed.

(4)The provisions of the incorporated Acts with respect to the
purchase of land compulsorily shall not be put in force until a
Provisional Order has been made and the sanction of Parliament has
been obtained in manner in this Act mentioned.

(5)One month at the least before the making of the Provisional
Order, if the Secretary of State is the purchaser, and before the
application of the Order in any other case, the purchaser shall
serve, in manner provided by the Lands Clauses Acts, a notice on
every owner or reputed owner, lessee, or reputed lessee, and
occupier of any land intended to be so purchased, describing the
land intended to be taken, and in general terms the purposes to
which it is to be applied, and stating the intention of the
purchaser to obtain the sanction of Parliament to the purchase
thereof and inquiring whether the person so served assents or
dissents to the taking of his land, and requesting him to forward
to the purchaser any objections he may have to his land being
taken.

(6)Where the Secretary of State is the purchaser, he shall, at some
time after the service of the notice, cause a public local inquiry
to be held by a competent officer into the objections made by any
persons whose land is required to be taken, and by other persons,
if any, interested in the subject matter of the inquiry.

(7)Where the purchaser is a volunteer corps or the council of a
county or borough

(a)The corps or council may, if they think fit, on compliance with
the provisions of this section with respect to notices, present a
petition to a Secretary of State. The petition shall state the land
intended to be taken, and the purposes for which the land is
required, and the names of the owners, lessees, and occupiers of
land who have assented, dissented, or are neuter in respect of the
taking the land, or who have returned no answer to the notice. The
petition shall pray that the corps or council may, with reference
to the land, be allowed to put in force the powers of the Lands
Clauses Acts with respect to the purchase and taking of lands
otherwise than by agreement, and the prayer shall be supported by
such evidence as the Secretary of State requires:

(b)On receipt of the petition and on due proof of the proper
notices having been served, the Secretary of State shall take the
petition into consideration, and may either dismiss the same, or
direct a public local inquiry to be held by a competent officer as
to the propriety of assenting to the prayer of the petition.

(8)Before a local inquiry is held in pursuance of this section the
Secretary of State shall publish a notice of the intention to hold
the inquiry

(a)by affixing copies conspicuously on or in the immediate
neighbourhood of the land proposed to be acquired; and

(b)by advertising the notice once at least in each of two
successive weeks in some one and the same local newspaper
circulating in the neighbourhood.

(9)If after the local inquiry has been held the Secretary of State
is satisfied that the land ought to be taken, he may make a
Provisional Order to that effect, authorising the taking of the land
either by himself or by a volunteer corps or by a council of a
county or borough, as the case may be, and may submit a Bill to
Parliament for the confirmation of the Provisional Order, but the
Provisional Order shall not be of any effect unless and until it
is confirmed by Parliament.

<(10)If, while the Bill confirming any such Order is pending in either House of Parliament, a petition is presented against anything comprised therein, the Bill, so far as relates to the Order, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of private Bills.

MILITARY LANDS ACT 1892 - SECT 3
Power to let land.

3. Land acquired under this Act may be let by a volunteer corps,
or if acquired by the council of a county or borough by that
council, in any manner consistent with the use thereof for military
purposes.

MILITARY LANDS ACT 1892 - SECT 4
Payment of expenses.

4. Any expenses incurred by the council of a county or borough for
the purposes of this Act shall be defrayed by the council of a
county out of the county fund, and by the council of a borough
out of the borough fund or borough rate.

MILITARY LANDS ACT 1892 - SECT 5
Power of volunteer corps to borrow.

5.(1) A volunteer corps may, with the consent of the Secretary of
State, and subject to such conditions as he may impose, borrow such
money as may be required for the purpose of the purchase by them
of land under this Act.

(2) The money shall be borrowed on the security of the land
acquired by the volunteer corps, and also on the security of any
grant to the corps out of moneys provided by Parliament.

MILITARY LANDS ACT 1892 - SECT 6
Powers of borough council to borrow.

6. The council of a borough may borrow for the purpose of
acquiring land under this Act in like manner as they may borrow
for the purposes of the Public Health Act, 1875, and the provisions
of that Act shall apply accordingly, but the money shall be
borrowed on the security of the borough fund or borough rate.

S.7 rep. by 1964 c.9 s.9(2) sch.3; 1968 c.13 s.24 sch.6 Pt.II

MILITARY LANDS ACT 1892 - SECT 8
Provision as to disbandment of corps, &c.

8.(1) If a volunteer corps holding land under this Act is
disbanded, the land shall, by virtue and subject to the provisions
of this section, vest in the Secretary of State from the date of
the disbandment, subject to the repayment of any money borrowed for
the purchase of the land, and not already repaid, and the sums
required for such repayment shall, if and so far as not provided
by the sale of the land, be paid out of moneys provided by
Parliament for Army services.

(2) A certificate of the Secretary of State that land has vested
in him under this section shall be conclusive evidence of the fact
certified.

(3) If the volunteer corps on whose behalf land is acquired under
this Act by a county or borough council is disbanded, the council
may either appropriate the land to any purpose approved by the
Local Government Board, or sell it for the best price that can be
reasonably obtained, and any money arising from the sale shall be
applied towards repaying any money borrowed for the purchase of the
land, and so far as not required for that purpose shall be applied
to any purpose to which capital moneys are properly applicable, and
which is approved by the Local Government Board.

Provided that before so appropriating any such land or before
selling any such land, if it is not so appropriated, the council
shall offer to sell the same to the person then entitled to the
land (if any) from which the same was originally severed, and
thereupon sections one hundred and twenty-nine to one hundred and
thirty-two, both inclusive, of the Lands Clauses Consolidation Act,
1845, shall apply as if the land were superfluous land and the
council were the promoters of the undertaking within the meaning of
those sections.

S.9 rep. by SL(R) 1973

MILITARY LANDS ACT 1892 - SECT 10
Provision as to land belonging to Crown, &c.

10.PS0800[(1) The Commissioners of Woods with the consent of the
Treasury, as to land belonging to the Crown, ... may lease land
for military purposes to a Secretary of State or a volunteer corps
for a term not exceeding twenty-one years, but the lease shall
cease to have effect if the land ceases to be used for military
purposes.]

(2) Where any land is vested in the Crown and is under the
management of any commissioners or departments other than the
Commissioners of Woods, and where land is held by any public
department for the public service, the commissioners or department
having the management of the lands may exercise, as regards the
land, any powers which under this Act may be exercised as respects
land belonging to the Crown by the Commissioners of Woods.

(3) The Commissioners of Works may lease to a Secretary of State
or to a volunteer corps for military purposes any portion of such
royal parks, gardens, and possessions as are under the management of
those Commissioners, for a term not exeeding twenty-one years, and
subject to such conditions as the Commissioners think fit; but the
lease shall be at all times revocable by Her Majesty.

MILITARY LANDS ACT 1892 - SECT 12
Proof that land has ceased to be used for military purposes.

12. Any land leased under this Act shall be deemed to have ceased
to be used for military purposes where there has not been such use
for a period of one year, and a certificate of the fact of such
non-user is given by a Secretary of State; and the certificate
shall be conclusive evidence of the fact of such non-user.

Power of Secretary of State to make byelaws as to use of land
held for military purposes and securing safety of public.

MILITARY LANDS ACT 1892 - SECT 14

14.(1) Where any land belonging to a Secretary of State or to a
volunteer corps is for the time being appropriated by or with the
consent of a Secretary of State for any military purpose, a
Secretary of State may make byelaws for regulating the use of the
land for the purposes to which it is appropriated, and for securing
the public against danger arising from that use, with power to
prohibit all intrusion on the land and all obstruction of the use
thereof.

Provided that no byelaws promulgated under this section shall
authorise the Secretary of State to take away or prejudicially
affect any right of common.

(2) Where any such byelaws permit the public to use the land for
any purpose when not used for the military purpose to which it is
appropriated, those byelaws may also provide for the government of
the land when so used by the public, and the preservation of order
and good conduct thereon, and for the prevention of nuisances,
obstructions, encampments, and encroachments thereon, and for the
prevention of any injury to the same, or to anything growing or
erected thereon, and for the prevention of anything interfering with
the orderly use thereof by the public for the purpose permitted by
the byelaws.

(3) For the purposes of this section, "land belonging to a
Secretary of State" means land under the management of a Secretary
of State, whether vested in Her Majesty or in the Secretary of
State, or in a person as trustee for Her Majesty or the Secretary
of State; and "land belonging to a volunteer corps" means any land
vested in that corps or in any person as trustee for that corps.

MILITARY LANDS ACT 1892 - SECT 15
Application of byelaws where right of firing acquired.

15. Where a Secretary of State or a volunteer corps has for the
time being the right of using for any military purpose any land
vested in another person, this Part of this Act shall apply in
like manner as if the land were vested in the Secretary of State
or volunteer corps, and the same were appropriated for the said
purpose, save that nothing therein or in any byelaws made thereunder
shall injuriously affect the private rights of any person further or
otherwise than is authorised by the grant of the right to use the
land.

MILITARY LANDS ACT 1892 - SECT 16
Byelaws as to highways.

16.(1) A byelaw under this Act shall not interfere with any
highway, unless made with the consent of the authority having
control of the repair of the roads of the town, district, parish,
or other area in which the highway is situate, but where it
appears to the authority that any highway crosses or runs
inconveniently or dangerously near to any land the use of which can
be regulated by byelaws under this Act, the authority may consent
to a byelaw providing to such extent as seems reasonable for the
temporary diversion from time to time of the highway, or for the
restriction from time to time of the use thereof.

(2) Any such highway, if a footpath, may (without prejudice to any
other power of stopping up or diverting the same) be stopped up or
diverted in the manner in which a footpath crossing or running
inconveniently or dangerously near to any land leased under Part One
of this Act may be stopped up or diverted.

MILITARY LANDS ACT 1892 - SECT 17
Notice and enforcement of byelaws.

17.(1) A Secretary of State, before making any byelaws under this
Act, shall cause the proposed byelaws to be made known in the
locality, and give an opportunity for objections being made to the
same, and shall receive and consider all objections made; and when
any such byelaws are made, shall cause the boundaries of the area
to which the byelaws apply to be marked, and the byelaws to be
published, in such manner as appears to him necessary to make them
known to all persons in the locality; and shall provide for copies
of the byelaws being sold at the price of [5p] for each copy to
any person who desires to obtain the same.

(2) If any person commits an offence against any byelaw under this
Act, he shall be liable, on conviction before a court of summary
jurisdiction, to a fine not exceeding [twenty pounds], and may be
removed by any constable or officer authorised in manner provided by
the byelaw from the area, whether land or water, to which the
byelaw applies, and taken into custody without warrant, and brought
before a court of summary jurisdiction to be dealt with according
to law, and any vehicle, animal, vessel, or thing found in the
area in contravention of any byelaw, may be removed by any
constable or such officer as aforesaid, and on due proof of such
contravention, be declared by a court of summary jurisdiction to be
forfeited to Her Majesty.

(3) A byelaw under this Act shall be deemed to be a regulation
within the meaning of the Documentary Evidence Act, 1868, and may
be proved accordingly.

MILITARY LANDS ACT 1892 - SECT 18
Byelaws in case of leased land.

18.(1) Where land has been leased under Part One of this Act, a
byelaw made in respect of that land shall not be inconsistent with
any condition contained in the instrument of lease.

(2) Where land has been leased under Part One of this Act subject
to a condition that byelaws relating to the land shall be made
with the consent of the lessor, or shall be made by the lessor
subject to the approval of the Secretary of State, that condition
shall be observed, and the lessor, acting with the approval of the
Secretary of State, shall have the same power of making byelaws in
relation to the land as is conferred by this Act on the Secretary
of State.

S.19 rep. by 1921 c.37 s.4(1) sch.2

MILITARY LANDS ACT 1892 - SECT 20
Power to have compensation settled by arbitration.

20. Where any land is acquired under this Act or for military
purposes under any Act with which the Lands Clauses Acts are
incorporated, the person or authority acquiring the land may require
that the compensation to be paid for the land be settled by
arbitration and not by reference to a jury, and thereupon the
provisions of the Lands Clauses Acts with reference to arbitration
shall, if not already applicable, apply for the purpose of settling
the compensation.

MILITARY LANDS ACT 1892 - SECT 21
Power to enter on land to fix alignment marks.

21. Where the Secretary of State certifies that it is necessary for
the purposes of coast defence operations that alignment marks should
be provided in any places upon the coast, the following provisions
shall apply for that purpose:

(a)Any person authorised by the Secretary of State may, after seven
days' notice to the owner of the land, enter upon any land for
the purpose of erecting, repairing, or replacing such alignment
marks, and may do all things necessary for any such purpose, but
shall do as little damage to the land as possible.

(b)Full compensation shall be paid to the owner of the land for
any damage caused in or by the erection, repair, or replacement of
such alignment marks, and in case of dispute the amount of
compensation shall be determined by arbitration under the Arbitration
Act, 1889.

(c)If any person refuses to permit any authorised person to enter
upon any land for the purpose of this section, or obstructs the
erection, repair, or replacing of any such alignment marks, or
destroys, displaces, damages, or obstructs, any such alignment marks,
he shall be liable on summary conviction to a fine not exceeding
five pounds.

MILITARY LANDS ACT 1892 - SECT 22
Saving for acquisition of land under other Acts.

22. All powers given by this Act shall be in addition to any
other power to acquire land for military purposes conferred by any
Act passed before this Act, and nothing contained in this Act shall
prejudicially affect the powers vested in the Secretary of State for
War under the Defence Acts and the Acts incorporated therewith.

MILITARY LANDS ACT 1892 - SECT 23
Interpretation.

23. In this Act the expression "military purpose" includes rifle or
artillery practice, the building and enlarging of barracks and camps,
the erection of butts, targets, batteries, and other accommodation,
the storing of arms, military drill, and any other purpose connected
with military matters approved by the Secretary of State.

In this Act and the enactments incorporated therewith the expression
"land" includes any easement in or over lands, and for the purpose
of Part One of this Act includes any right of firing over lands
or other right of user.

MILITARY LANDS ACT 1892 - SECT 26
Application to Ireland.

26. In the application of this Act to Ireland the following
provisions shall have effect:

(1)A reference to the Public Health Act, 1875, shall be construed
to mean a reference to the Public Health (Ireland) Act, 1878;

(2)The expression Commissioners of Works means the Commissioners of
Public Works in Ireland;

(3)An arbitration under this Act shall be carried out in accordance
with the provisions of the Lands Clauses Acts;

(4)Section eleven of this Act shall not apply to Ireland, and in
lieu thereof the following provision shall have effect, namely(a)Where
the land is vested in any trustees, commissioners, or other body of
persons, a majority of a meeting of such trustees, commissioners, or
other body of persons, duly convened, may grant a lease under this
section and execute any instrument for that purpose;

(b)A lease under this section shall cease to have effect if the
land ceases to be used for military purposes.

(5)Section thirteen of this Act shall not apply to Ireland, but in
lieu thereof the following provision shall have effect, namelyRepeal.

MILITARY LANDS ACT 1892 - SECT 28
Where a footpath crosses or runs inconveniently or dangerously near
to any land leased under this Act, that footpath may be stopped up
or diverted [{17}under Article 40 of the Roads (Northern Ireland)
Order 1980| as if the conditions set out in paragraph (1) of that
Article were satisfied.]

28. ... land acquired in any manner under any enactment repealed by
this Act shall be deemed to have been acquired in a similar manner
under this Act, and any byelaws made under any enactment so
repealed shall be deemed to have been made under this Act.

MILITARY LANDS ACT 1892 - SECT 29
Short title.

29. This Act may be cited as the Military Lands Act, 1892.

Schedule rep. by SLR 1908






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