OpenLegislation

Article 7 Compulsory acquisition of land

Original text. Later amendments are not shown.

(1)

In Article 8 of the Electricity Supply Order (compulsory acquisition of land)—

(a)

after paragraph (2) there shall be inserted—

“(2A)

In order to facilitate the provision in Northern Ireland of an efficient and economical system of electricity supply, the Department may, for the purpose of selling land to a private generator for the construction or extension of a private generating station to which Article 33 applies, being a generating station which generates or will generate electricity which the Service intends to purchase,—

(a)

acquire any land by agreement or compulsorily;

(b)

dispose of any land so acquired.

(2B)

Where the Department in exercise of the power conferred by paragraph (2A) desires to acquire any land otherwise than by agreement the Department may make an order (in this Article referred to as a “vesting order”) vesting the land in the Department.”;

(b)

in paragraph (3)—

(i)

at the beginning there shall be inserted “Subject to the following provisions of this Article,”;

(ii)

after “shall” there shall be inserted “, subject to the modifications specified in Schedule 1A”;

(iii)

the words from “subject to” onwards shall cease to have effect;

(c)

after paragraph (3) there shall be inserted—

“(3A)

The power to make a vesting order in respect of any land includes power to create and vest in the Service or, as the case may be, in the Department new rights over the land as well as to vest existing rights.”;

(d)

after paragraph (6) there shall be inserted—

“(6A)

Section 5 of the Stormont Regulation and Government Property Act (Northern Ireland)1933 c. 6 (N.I.)1933 shall not affect the disposal of any land acquired by the Department under this Article.”.

(2)

After Schedule 1 to the Electricity Supply Order there shall be inserted—

“SCHEDULE 1A

MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 8

PART I

MODIFICATIONS FOR THE PURPOSES OF A VESTING ORDER MADE UNDER ARTICLE 8(2)

1

References to the district council shall be construed as references to the Service.

2

References to the Department concerned shall be construed as references to the Department within the meaning of this Order.

3

References to that Act shall be construed as references to this Order.

PART II

MODIFICATIONS FOR THE PURPOSES OF A VESTING ORDER MADE UNDER ARTICLE 8(2B)

4

References to the Department or to the council shall be construed as references to the Department within the meaning of this Order.

5

References to the said Schedule 6 shall be construed as references to that Schedule as modified by this Schedule.

6

Paragraph 1 shall be omitted.

7

In paragraph 2—

(a)

for the words from the beginning to “directs,” there shall be substituted the words “Where the Department proposes to acquire land otherwise than by agreement, it shall give notice of its intention to do so and such notice”;

(b)

in sub-paragraph (c) for the words “as may be prescribed” there shall be substituted the words “as the Department considers fit”.

8

In paragraph 3(1)(ii) for the word “refuse” there shall be substituted the words “decide not”.

9

In paragraph 4 the words from “and may provide” to the end of the paragraph shall be omitted.

10

In paragraph 5—

(a)

in sub-paragraph (1)(a) the words “in the prescribed form and manner” shall be omitted;

(b)

in sub-paragraph (1)(b) the two references to the said Act of 1972 shall be construed as references to this Order;

(c)

in sub-paragraph (1)(d) the words “in the prescribed form” shall be omitted;

(d)

in sub-paragraph (2) for the words “as may be prescribed” there shall be substituted the words “as the Department considers fit”.

11

In paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” there shall be substituted the words “Consolidated Fund” and for the words “out of the compensation fund” there shall be substituted the words “made by the Department”.

12

In paragraph 11(3) the words “in the prescribed form” shall be omitted.

13

In paragraph 12—

(a)

in sub-paragraph (1) the word “such” and the words “as may be prescribed” shall be omitted;

(b)

in sub-paragraph (2) for the words from “clerk” to “directs” there shall be substituted the words “Department as correct, and shall publish”.

14

In paragraph 14(1) the words “in the prescribed form” shall be omitted.

15

In paragraph 15(1) for the words “in the prescribed form” there shall be substituted the words “in such form as may be approved by the Department”.

16

Paragraph 19 shall be omitted.

17

In paragraph 20, sub-paragraph (2) shall be omitted.”.