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Uniformity of Laws Act (Northern Ireland) 1922

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PROCEDURE FOR MAKING ORDERS, &C.N.I.

1Before the Ministry makes any order, it shall publish, in such manner as it may think best adapted for informing persons affected, notice of the proposal to make the order, and of the place where copies of the draft order may be obtained, and of the time (which shall not be less than twenty-one days) within which any objection made with respect to the draft order by or on behalf of persons affected must be sent to the Ministry.

2Every objection must be in writing and state—

(a)the draft order or portions of the draft order objected to;

(b)the specific grounds of objection; and

(c)the omissions, additions, or modifications asked for.

3The Ministry shall consider any objection, made by or on behalf of any persons appearing to the Ministry to be affected, which is sent to it within the required time, and it may, if it thinks fit, amend the draft order, and shall then cause the amended draft to be dealt with in like manner as an original draft.

4Where the majority of the occupiers of the premises affected by the proposed order dispute the reasonableness of the requirements in the proposed order, and the Ministry does not amend or withdraw the draft order, the Ministry shall, before making the order, direct an inquiry to be held in the manner hereinafter provided. The Ministry may also direct an inquiry to be held in regard to any objection, though not made by the majority of the occupiers, if he thinks fit.

5The Ministry may appoint a competent person to hold an inquiry with regard to any draft order, and to report to it thereon.

6The inquiry shall be held in public, and any person who, in the opinion of the person holding the inquiry, is affected by the draft order, may appear at the inquiry either in person or by counsel, solicitor, or agent.

7The witnesses on the inquiry may, if the person holding it thinks fit, be examined on oath.

8Subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Ministry.

9The fee to be paid to the person holding the inquiry shall be such as the Ministry may direct.

10The order shall be laid as soon as possible before both Houses of the Parliament of Northern Ireland, and, if either House within the next forty daysF1 after the order has been laid before that House resolve that all or any of the provisions of the order ought to be annulled, the order shall, after the date of the resolution, be of no effect, without prejudice to the validity of anything done in the meantime thereunder or to the making of any new order. If any of the provisions of an order are annulled, the Ministry may, if it thinks fit, withdraw the whole order.

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F11954 c.33, see 1979 NI 12

11Notice of any order having been made and of the place where copies of them can be purchased shall be published in the Belfast Gazette.

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