
1 
This Order may be cited as the Lands Tribunal (War Damage Appeals
Jurisdiction) Order, 1950.
2 

(1) In this Order, unless the
context otherwise requires, the following expressions have the meanings hereby
assigned to them respectively, that is to say:—
(a) “The principal Act”
means the War Damage Act, 1943;

(b) “The Act of 1945”
means the War Damage (Valuation Appeals) Act, 1945;

(c) “The Lands Tribunal Act”
 means the Lands Tribunal Act, 1949;

(d) “The 1949 Rules”
means the Lands Tribunal Rules, 1949;
(e) “An appeal”
means an appeal from a determination of the Commission
under subsection (2) of section thirty-two
 of the principal Act;
(f) “Appellant”
means any person interested at whose instance an appeal
is instituted;
(g) “A reference”
means a reference under subsection (4) or subsection (5) of
section thirty-two of the principal Act;

(h) “Person interested”,
in relation to an appeal, means any person at whose
instance an appeal in respect of a particular hereditament will lie under subsection (2) of section thirty-two
of the principal Act, and, in relation to a reference, means any person for
whose agreement subsection (4) or subsection (5) of
section thirty-two of the principal Act provides
;
(i) “The Commission”
means the War Damage Commission;
(j) “The tribunal”
means the member or members of the Lands Tribunal selected
to deal with the case under the provisions of subsection (2) of section three
 of the Lands Tribunal Act and this Order;

(k) “The President”
means the President of the Lands Tribunal or the member
appointed under the provisions of the Lands Tribunal Act to act for the time
being as deputy for the President;
(l) “The registrar”
and 
“the office” mean respectively
the registrar and the office for the time being of the Lands Tribunal.

(2) A form referred to by letter
means the form so lettered in the First Schedule
to this Order.
(3) The Interpretation Act, 1889
shall apply for the purposes of the interpretation of this Order as it applies
for the purposes of the interpretation of an Act of Parliament.
PART I
3 
Subject to the succeeding
provisions of this Part of this Order any appeal from a determination of the
Commission under subsection (2) of section thirty-two
 of the principal Act, and any reference under subsection (4) or subsection (5) of section thirty-two
of the principal Act which, but for this Order, would lie or could be made
to a tribunal constituted under Part I of the Schedule
to the Act of 1945, shall lie or be made to the Lands Tribunal.
4 

(1) This Order shall
not apply to an appeal or a reference if before the date on which this Order
comes into operation the appeal or reference has been made to a tribunal constituted
under the Schedule
to the Act of 1945, and at the commencement of this Order the hearing of the
appeal or reference has been begun.
(2) Where, before the
date on which this Order comes into operation, proceedings have been commenced
for the determination of any question, dispute, or other matter which by this
Order is required to be referred to and determined by the Lands Tribunal,
but the hearing has not been begun at that date, anything done for the purpose
of those proceedings shall be treated so far as practicable as if it had been
done for the purpose of an appeal, reference or application under this Order,
but without prejudice to the exercise by the President, the tribunal or the
registrar respectively of their full powers under this Order in relation to
the proceedings.
PART II
5 
This Part of this
Order applies to any appeal under subsection (2) of section thirty-two
 of the principal Act and the provisions of Part I of the 1949 Rules shall
not apply to any such appeal.
6 
An appeal may be instituted by sending to the registrar in duplicate
a written notice of appeal substantially in accordance with form A or form
B, whichever is appropriate. Every notice of appeal shall contain a statement
that the appellant does, or that he does not, propose to call an expert witness
at the hearing of the appeal.
7 
A notice of appeal shall not be valid unless it is given by a person
interested and is sent to the registrar before the expiration of sixty clear
days from the date of the determination of the Commission in respect of which
the appeal is instituted.
8 

(1) Upon receiving a
notice of appeal the registrar shall enter particulars of the appeal in the
Register of Appeals against Determinations and shall forthwith send a duplicate
notice to the Commission and shall inform the appellant and the Commission
of the number of the appeal entered in the register, which shall thereafter
constitute the title of the appeal.
(2) Upon receiving the
duplicate notice of appeal the Commission shall forthwith send to the registrar
a copy of the determination referred to therein.
9 
Upon receipt of a duplicate notice of appeal the Commission shall
forthwith send to every person appearing to the Commission to be a person
interested a notice informing him of the appeal and shall send to the registrar
a list of names and addresses of the persons interested to whom they have
sent such notices.
10 

(1) Subject to any
directions which may be given by the President, the registrar may, at any
time after receiving a notice of appeal, require an appellant to furnish a
statement setting our further and better particulars of the grounds of appeal
and any facts and contentions relevant thereto.
(2) The appellant shall,
within such time as may be prescribed by the registrar, not being less than
fourteen days after the date of the requirement, send such a statement to
the registrar in duplicate and shall send copies thereof to such other appellant,
if any, being an appellant who has given notice of appeal against the same
determination, as the registrar may direct.
(3) Upon receipt of
the statement the registrar shall forthwith send a duplicate copy thereof
to the Commission.
11 

(1) Where two or more
persons interested in respect of a single hereditament have separately given
notice of appeal from the same determination of the Commission, the appeals
shall be heard together as one appeal.
(2) The President may,
in any such case, if it appears to him that the contentions put forward by
any two or more appellants are substantially the same, direct that one of
those appellants shall alone be entitled to appear at the hearing of the appeal,
and may require the appellants concerned, within such period as he may allow,
to select, or, failing their selection within the period allowed, may himself
select, one of their number to represent them jointly in the conduct of the
appeal:Provided that any appellant
who claims that he would be prejudiced by such a direction may, within the
period allowed by the President, apply to the President for leave to appear
separately at the hearing of the appeal, and the President may thereupon,
in his discretion, either adhere to or revise his direction, or give such
other direction as to the appearance, and order of appearance, of the appellants
at the hearing of the appeal as he may think just in the circumstances.
(3) The registrar shall
forthwith send notice of any direction given by the President under this Article
to each appellant and to the Commission.
(4) The Commission
shall, at the request of the registrar, furnish the President with any information
required by him for the purpose of exercising his powers under this Article,
and, in particular, information as to the land constituting the hereditament
as determined by the Commission under section five of the principal Act and
as to the nature of the proprietary or other interest in the hereditament
of any person interested.
12 
The President or the tribunal may at any time request the Commission
to furnish particulars of any determination of the Commission which appear
to be requisite for the decision of the appeal, and thereupon the Commission
shall furnish the particulars to the registrar and to the appellant.
13 
On the hearing of an appeal the appellant shall not be entitled
to rely upon any ground of appeal not stated in his notice of appeal or in
his statement of grounds of appeal unless the tribunal thinks it just in all
the circumstances, and on such terms as to costs or adjournment or otherwise
as it may think fit, to allow such additional ground of appeal to be put forward
as may appear to it to be material.
14 
If at the hearing of an appeal it appears to the tribunal that
the appellant has established a prima facie case for varying the determination
of the Commission and that the variation may affect prejudicially a person
interested who is not a party to the appeal, the tribunal may, before deciding
the appeal, afford an opportunity to that person to be joined as a party to
the appeal and to be heard by the tribunal, and may give such directions as
may be requisite for the purpose.
PART III
15 
A reference may be instituted at any time after the persons interested
have failed to agree on any question which, under subsection (4) or subsection (5) of
section thirty-two of the principal Act, falls
in the first instance to be determined by agreement.
16 
A reference may be instituted by sending to the registrar either—

(a) a joint submission
substantially in Form C signed by all the persons interested; or
(b) 
an ex parte notice of reference substantially in Form D signed by a person
interested and by any other person interested whose interests in the questions
submitted for reference are substantially the same (together hereinafter called “the
originating party”), and of which a duplicate copy has
on the day of the date thereof been sent by the originating party to each
of the other persons interested.
17 
Upon the receipt of the registrar of a joint submission or of an
ex parte notice of reference, particulars thereof shall be entered in the
Register of References, and the registrar shall inform each person interested
who signed the joint submission or the ex parte notice of reference, as the
case may be, and any person to whom a duplicate copy of the ex parte notice
has been sent under the last preceding Article, of the number of the reference
which shall thereafter constitute the title of the proceedings.
18 
Where a reference is instituted by an ex parte notice of reference,
any person interested who disagrees with any statement of fact or contention
set out therein shall within thirty days of the date of the notice of reference
send to the registrar and to the originating party a counter statement—

(a) showing to what
extent he admits or does not admit the accuracy of the facts stated by the
originating party;
(b) setting out such
further facts (if any) as he considers are material and relevant and the contentions
and values which he will advance at the hearing of the reference; and
(c) stating the names
of the other persons interested (if any) who desire to support his case and
whose interests he has been requested to represent at the hearing.
19 
At the hearing of a reference instituted by an ex parte notice
no person shall be entitled to rely on any contentions not set out in the
notice or in the counter statement submitted by him or on his behalf, unless
the tribunal thinks it just in the circumstances, and on such terms as to
costs or adjournment or otherwise as it may think fit.
20 
The registrar shall send a copy of the decision of the tribunal
on a reference to each person interested and to the Commission.
21 
If in connection with a reference the address of any person who
appears to be a person interested is unknown, the President shall give such
directions as he may think expedient to secure that the interests of that
person shall not be disregarded, and the tribunal shall, if it is satisfied
that any proprietary interest in the hereditament (being a proprietary interest
in respect of which that person is entitled to claim part of the value payment)
was depreciated in value by reason of the war damage, determine the extent
to which the said proprietary interest was so depreciated.
PART IV
22 
The provisions of Parts V and VI of the 1949 Rules
shall, in relation to proceedings under Part II or Part III of this Order,
have effect subject to the provisions of this Part of this Order.
23 
Where a request
is made to the tribunal that an appeal or a reference, or some part thereof,
should be heard in private, the tribunal may, if it is satisfied that any
person would be likely to be prejudiced by the disclosure in public of any
facts relating to the hereditament under consideration or otherwise, sit in
private to such extent as it thinks just.
24 
On an appeal or
a reference as to either of two amounts the difference between which it is
material for any of the purposes of the principal Act to ascertain, the tribunal
shall determine the other of those amounts also.
25 
Rule 23 of the 1949 Rules shall
have effect subject to the provisions of Article 11
of this Order.
26 
Rule 52 of the 1949 Rules shall
not apply.
PART V
27 
The provisions of
this Part of this Order shall have effect as respects any appeal or any reference
relating to a hereditament in Northern Ireland.
28 
Any case stated for the decision of the court under subsection (4) of section three
of the Lands Tribunal Act shall be heard by His Majesty's Court of Appeal
in Northern Ireland.
29 
If the tribunal directs that the costs of a party to the proceedings
shall be paid by any other party thereto, the tribunal may, instead of proceeding
in accordance with paragraph (2) of Rule 42
of the 1949 Rules, direct that the costs shall be taxed by the Taxing Master
of the Supreme Court of Judicature of Northern Ireland.
30 

(1) The provisions of
the Arbitration Act (Northern Ireland), 1937,
set out in Part I of the Second Schedule
 to this Order shall apply to all proceedings
before the tribunal; and, where the tribunal is acting as arbitrator under
a reference by consent, the provisions of that Act set out in Part II of the said Schedule shall
also apply.
(2) Rule 35 of and the Second Schedule
to the 1949 Rules shall not apply.
PART VI
31 
The provisions of Part II, Part III and Part IV
of this Order may be revoked or varied by Rules made under the Lands Tribunal
Act.
32 
The War Damage (Valuation Appeals and References)
Rules, 1946,
the War Damage (Valuation Appeals
and References) (Amendment) Rules, 1947, and the War Damage (Valuation Appeals and References) (Amendment) Rules,
1948,
are hereby revoked.
33 
This Order shall
come into force on the seventeenth day of April, 1950.
E. C. E. Leadbitter

FIRST SCHEDULE

FORM A
Article 6
FORM B
Article 6
FORM C
Article 16
FORM D
Article 16
SECOND SCHEDULE
Article 30
PART I

 Sections thirteen, fourteen, sixteen and twenty-four.

 Subsection (1) of section twenty-one
.
 Subsection (4) of section twenty-three
.
 Paragraphs 4, 5, 6
and 8 of the
First Schedule.
 The Second Schedule, except paragraph
3 thereof.

PART II

 Sections two, three, four
and nineteen
.
 Subsection (1) of section one
.
 Subsections (2) and (3) of section
twenty-three.
