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The Stormont Estate (Northern Ireland) Order 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110800184

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament

NORTHERN IRELAND

Made 2006

Coming into operation 2006

At the Court at Buckingham Palace, the ** day of ** 2006

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

Contents

  1. 1Title, commencement and interpretation
  2. 2Power to dispose of designated lands in Stormont Estate
  3. 3Effect of disposal under Article 2 on regulation, etc. of Stormont Estate
  4. Signature
  5. Explanatory note

1Title, commencement and interpretation

(1)

This Order may be cited as the Stormont Estate (Northern Ireland) Order 2006.

(2)

This Order comes into operation on the day after the day on which it is made.

(3)

The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(4)

In this Order—

  • “the 1933 Act” means the Stormont Regulation and Government Property Act (Northern Ireland) 1933 (c. 6);

  • “the Department” means the Department of Finance and Personnel;

  • “the scheduled land” means the hereditaments described in the Schedule to the 1933 Act;

  • “the Stormont Estate” has the same meaning as in the 1933 Act.

2Power to dispose of designated lands in Stormont Estate

(1)

The Department may dispose of all or any part of the designated land.

(2)

Paragraph (1) has effect notwithstanding—

(a)

section 5(7)(a) of the 1933 Act;

(b)

anything in any deed or other instrument relating to the scheduled land.

(3)

The “designated land” means such land as is—

(a)

comprised in the scheduled land; and

(b)

designated for the purposes of this Order by an order made by the Department.

(4)

The designated land must not include—

(a)

Parliament Buildings;

(b)

Stormont Castle; or

(c)

Stormont House.

(5)

An order under paragraph (3)(b) may designate land by reference to a map which is not contained in the order but is published in such manner as the Department thinks appropriate for bringing it to the attention of interested persons.

(6)

No order may be made under paragraph (3)(b) after the end of the period of 6 months beginning on the date on which the first such order is made.

3Effect of disposal under Article 2 on regulation, etc. of Stormont Estate

(1)

This Article applies if any land comprised in the Stormont Estate is disposed of by the Department under Article 2.

(2)

Sections 1 to 4 of the 1933 Act (which regulate the Stormont Estate) cease to apply in relation to that land; and any regulations for the time being in force under section 1 of the 1933 Act cease to apply in relation to that land.

(3)

Any trusts subject to which the land was held by the Department cease to apply in relation to the land.

(4)

Section 93(2) of the Northern Ireland Act 1998 (c. 47) (power of Secretary of State to require Department to make accommodation, etc available to him) ceases to apply in relation to any premises comprised in that land to the extent that the Department would not have power to comply with a requirement made in exercise of that power.

Signature

A.K. Galloway

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order enables the disposal of certain lands forming part of the Stormont Estate by removing certain statutory and other restrictions on such disposal.