Railway and Canal Traffic (Amendment) Act (Northern Ireland) 1930

1 Amendment of s.45 of 1888 c.25, as to abandonment of unnecessary canals. N.I.

Section forty-five of the Railway and Canal Traffic Act, 1888 (in this Act referred to as “the principal enactment” ) shall, in its application to the abandonment of unnecessary canals in Northern Ireland, have effect subject to the following amendments:—

(a) A warrant of abandonment shall not be granted unless the proprietors of the canal have given security, to such amount and in such manner as the Ministry of Commerce may require, for the making of compensation to all persons who may be determined under this Act to be entitled to compensation by reason of the abandonment of the canal;

(b) An order of the Ministry of Commerce under sub-section (1) of the principal enactment (in this Act referred to as “an order of release” ) may make provision for all or any of the following matters, in addition to the matters mentioned in the said sub-section:—

(i) For releasing the canal, or any land held by the proprietors thereof (whether in connection with the canal undertaking or not), from any statutory or other liability to forfeiture or reverter or other similar liability attaching thereto as against the proprietors in consequence of the abandonment of the canal;

(ii) For vesting, with the consent of the proprietors and of the person, body or department in whom it is proposed to vest, the canal or any part thereof, or any land held by the proprietors in connection therewith, in such person, body of persons, or government department and upon such conditions, as may be specified in the order of release;

(iii) For any other matters which may appear to the Ministry of Commerce to be necessary or proper for carrying the order of release into effect;

(c) An order of release shall not be made unless the provisions of this Act as to the assessment of compensation have been complied with, and any compensation awarded under those provisions has been made to the persons entitled thereto or, if any such person dies, refuses to accept the compensation to which he is entitled, or cannot be ascertained, or any other like difficulty arises, has been paid or transferred to the Ministry of Commerce to be held on behalf of such person or his representatives in accordance with regulations to be made under sub-section (8) of the principal enactment.

Para.(d) rep. by SLR (NI) 1953

(e) In the principal enactment and in this Act references to a canal, in the case of a canal which is not wholly situate in Northern Ireland, shall be construed as referring to so much of the canal as is so situate.