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Housing Act 1957

Housing Act 1957 s 150

s 150 Provisions as to commons and open spaces

(1) Where any order under this Act (not being an order for the compulsory purchase of land under Part II or Part V of this Act) authorises the acquisition or appropriation to any other purpose of any land forming part of any common, open space or allotment, the order so far as it relates to the acquisition or appropriation of such land shall be subject to special Parliamentary procedure except where it provides for giving in exchange for such land other land, not being less in area, certified by the Minister after consultation with the Minister of Agriculture, Fisheries and Food to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public. (2) Before giving any such certificate, the Minister shall give public notice of the proposed exchange, and shall afford opportunities to all persons interested to make representations and objections in relation thereto, and shall, if necessary, hold a local inquiry on the subject. (3) An order which authorises such an exchange shall provide for vesting the land given in exchange in the persons in whom the common, open space or allotment was vested, subject to the same rights, trusts and incidents as attached to the common or open space or allotment and for discharging the part of the common, open space or allotment acquired or appropriated from all rights, trusts and incidents to which it was previously subject. (4) For the purposes of this section— " common " includes any land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and any town or village green ; " open space " means any land laid out as a public garden or used for the purposes of public recreation, and any disused burial ground; " allotment " means any allotment set out as a fuel allotment or a field garden allotment under an Inclosure Act.

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