s 3
(1) Compensation shall be payable by the Secretary of State in respect of— . (a) the extinguishment of rights of common by y section 1 of this Act, and (b) the acquisition by the Secretary of State of the right to interfere with the exercise of rights of common by virtue of the last preceding section. (2) The provisions of sections 101 to 107 of the Lands Clauses Consolidation Act 1845, in so far as they relate to the determination of the amount of any compensation, or to the payment, apportionment, application or deposit of any compensation, shall (with the necessary modifications) have effect with respect to any compensation payable by virtue of this section, as if the Secretary of State were the promoters of the undertaking within the meaning of that Act. (3) Section 22 of the Inclosure Act 1852, sections 15 to 20 of the Inclosure Act 1854, and section 2 of the Commonable Rights Compensation Act 1882 (which make provision respectively for the application of compensation money paid for extinguishment of rights of common) shall apply (with the necessary modifications) to any compensation payable by virtue of this section. (4) For the purpose of determining any question of title arising in consequence of the preceding provisions of this section, the Secretary of State may refer that question to one of the conveyancing counsel of the High Court for his opinion; and, where any question is so referred in pursuance of this subsection, the opinion of the counsel to whom it is referred shall for the purposes of this Act be conclusive and binding on all persons concerned : Provided that, if a committee is appointed under section 103 of the Lands Clauses Consolidation Act 1845 as applied by subsection (2) of this section, the Secretary of State shall not refer any question in pursuance of this subsection except where requested to do so by or on behalf of that committee. (5) The costs and expenses of and incidental to the reference of any question under the last preceding subsection shall be paid by the Secretary of State.