Section 26 Compulsory acquisition of land by harbour authorities.
Northern Ireland
Where a harbour authority desires to acquire, otherwise than by agreement, any land for the purposes of its functions, it may apply to the Ministry for an order vesting in it the fee simple or any lesser estate in that land, and—
the Ministry may make the vesting order in respect of the whole of the land or any part of it;
on an application for an order vesting the fee simple in the land, the Ministry may make an order vesting in the harbour authority such lesser estate in the land or in any portion thereof as may be specified in the order.
Section 22(2) of, and Schedule 2 to, the Local Government Act (Northern Ireland) 1934 1934 c.22 shall, subject to the modifications specified in Schedule 4, have effect for the purposes of an order under subsection (1).
For the purposes of this section and of the application, by subsection (2), of the enactments mentioned in that subsection, the interest of a grantee under a fee farm grant shall be taken to be a lesser estate than a fee simple.
In this section—
“local authority” means the council of a county, county or other borough or of an urban or rural district;
“public utility undertaking” includes any body corporate carrying on aF3. . . F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . public transport undertaking and any undertaking for providing or improving drainage.
Annotations
Textual amendments
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S. 26(5): words in definition of "public utility undertaking" repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
Notes on the whole Act
Textual amendments
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functions transf. by SR 1999/481