In section 84 of the Law of Property Act 1925—
(a) for the words "The Authority hereinafter defined" in subsection (1), and for the words "the Authority" wherever else they occur, (which now refer to the Lands Tribunal) there shall be substituted the words "the Lands Tribunal"; and
(b) there shall be made the further amendments provided for by subsections (2) to (9) below;
and accordingly section 84 shall have effect as it is set out in Schedule 3 to this Act with the amendments made by section 52(1) of the Landlord and Tenant Act 1954 and by this section (and the omission of repealed provisions), subject however to any other enactments affecting the operation of section 84 and to subsection (11) below.
So much of section 84(1)(a) as follows the words "obsolete, or" shall be a separate paragraph (aa) and shall be amended as follows:—
(a) after the word "that" there shall be inserted the words "in a case falling within subsection (1A) below" ;
(b) for the words "the reasonable user" there shall be substituted the words "some reasonable user" ; and
(c) the words "without securing practical benefits to other persons" shall be omitted ;
and after section 84(1) there shall be inserted as new subsections (1A), (1B) and (1C):—
In section 84(1) there shall be omitted the words "(subject or not to the payment by the applicant of compensation to any person sullering loss in consequence of the order)" and the proviso, and after paragraph (c) there shall be inserted the words "and an order discharging or modifying a restriction under this subsection may direct the applicant to pay to any person entitled to the benefit of the restriction such sum by way of consideration as the Tribunal may think it just to award under one, but not both, of the following heads, that is to say, either—
In section 84(2), in the phrase "is affected" in paragraph (a), and in the phrase "is enforceable" in paragraph (b), there shall in each case be inserted after the word "is" the words "or would in any given event be" ; and at the end of section 84(2) there shall be added the words:—
In section 84(3) in the phrase "any local authority" there shall be inserted after the word "any" the words "government department or".
After section 84(3) there shall be inserted as a new subsection (3A) :—
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In section 84(11) after the word "nor" there shall be inserted the words "subject to subsection (11A) below" ; and after section 84(11) there shall be inserted as a new subsection (11A):—
In section 38(3) of the Requisitioned Land and War Works Act 1945 (under which section 84 of the Law of Property Act 1925 does not apply to a covenant obtained under the Defence Acts, so long as the covenant is enforceable on behalf of the Crown) for the words "any covenant obtained under the Defence Acts" there shall be substituted the words "any restriction created or imposed under the Defence Acts or under section 13 (acquisition of land for oil installations) of the Land Powers (Defence) Act 1958", and for the words "the covenant" there shall be substituted the words "the restriction".
This section applies to restrictions whether subsisting at the time it comes into force or created or imposed thereafter,...
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