OpenLegislation

Article 65 Compulsory acquisition of land required for the public serviceF1

(1)

Without prejudice to the power of the Ministry of Finance (in this and the following Article referred to as “the Ministry”) under section 5(1) of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 1933 c.6 to purchase by agreement or take on lease any land required for the purpose of any functions of the Ministry or for the administration of any public service in Northern Ireland, the Ministry may acquire compulsorily, in accordance with the following provisions of this Article, any land required for that purpose or for the administration of any such service.

(2)

Where in exercise of the power conferred by paragraph (1) the Ministry desires to acquire any land compulsorily, the Ministry may make an order (in this Article referred to as a “vesting order”) vesting the land in the Ministry.

(3)

Schedule 6 to the Local Government Act (Northern Ireland) 1972 1972 c.9 shall, subject to the modifications thereof specified in Schedule 1 to this Order, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act.

(4)

The power to make a vesting order in respect of land—

(a)

which is the property of any public body which has power under any transferred provision to acquire land compulsorily; or

(b)

which is declared by or under any transferred provision to be inalienable;

shall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of each House of Parliament.

(5)

Nothing in this Article shall have effect to confer power on the Ministry to acquire compulsorily any land for the purposes of any instrument under which the Ministry acts as trustee.

Annotations

Textual amendments

F1

functions transf. by SR 1999/481