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Local Government Act (Northern Ireland) 1972

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Section 97.

F1F2F3SCHEDULE 6N.I.ACQUISITION OF LAND BY VESTING ORDER

N.I.Preliminary procedure

1A council which proposes to acquire land otherwise than by agreement may submit to the Ministry concerned (in this Schedule referred to as “the Ministry” ) an application in the prescribed form for a vesting order in respect of the land specified in the application.

2Notice of the application, in such form and manner as the Ministry directs,—

(a)shall be published by the council on at least two occasions in the locality in which the land is situated;

(b)shall be served by the council on every person appearing to the council to have an estate in the land;

(c)shall also be served by the council on such government departments and public bodies as may be prescribed.

N.I.Making of vesting order

3(1)After the expiration of one month from the date of the last publication of the notice mentioned in paragraph 2( a), the Ministry,—N.I.

(a)after considering all representations which have been made to the Ministry by any interested party; and

(b)after causing a local inquiry to be held (unless no representations have been made, or any representations have been met or withdrawn or relate solely to the amount of compensation, or are representations which the Ministry is satisfied are solely of a frivolous or vexatious nature);

may,—

(i)make a vesting order, which may contain any modifications of the council's proposal that the Ministry thinks proper, vesting in the council all or any part of the land for an estate in fee simple or for such other estate as may be specified in the vesting order; or

(ii)refuse to make the order.

(2)If a local inquiry is held as aforesaid, the council and any person interested in the land, and such other persons as the person holding the inquiry may allow, shall be permitted to appear, in person or by a representative, and to be heard at the inquiry, and, before making or refusing a vesting order, the Ministry shall consider the report of the person who held the inquiry.

4A vesting order shall contain such provisions as the Ministry thinks necessary or expedient for carrying it into effect, and may provide for the suspension of the operation of the vesting order, or any part thereof, until the council has paid, or made provision to the satisfaction of the Ministry for the payment of, compensation to persons who have an estate in the land to which the vesting order relates, or in land likely to be injuriously affected by the works proposed to be carried out by the council.

N.I.Validity and operation of vesting orders

5(1)The following provisions of this paragraph shall have effect with respect to the validity of a vesting order and the date on which such an order is to come into operation—N.I.

(a)as soon as may be after a vesting order has been made the council shall publish in the prescribed form and manner a notice, stating that the vesting order has been made and naming a place where a copy of the vesting order and of any map or plan referred to in it may be seen at all reasonable hours, and shall serve a like notice on every person who, having given notice to the Ministry of his objection to the application for the vesting order, appeared at a local inquiry in support of his objection;

(b)if any person aggrieved by a vesting order desires to question its validity on the ground that it is not within the powers conferred by this Act or that the procedure specified in this Schedule has not been complied with, he may, within one month from the publication of the notice of the making of the vesting order, make an application for the purpose to the High Court in accordance with rules of court, and on such an application the court—

(i)may by interim order suspend the operation of the vesting order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(ii)if satisfied upon the hearing of the application that the vesting order is not within the powers conferred by this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Schedule not having been complied with, may quash the vesting order either generally or in so far as it affects any property of the applicant;

(iii)if not so satisfied, shall dismiss the application;

(c)subject to head ( b), a vesting order or the making of such an order shall not be questioned in any legal proceedings whatsoever, and a vesting order shall become operative at the expiration of a period of one month from the date on which the notice of the making thereof is published in accordance with the provisions of head ( a);

(d)as soon as may be after a vesting order has become operative the council shall serve on every person appearing to it to have an estate in the land to which the vesting order relates either a copy of the vesting order or a notice in the prescribed form stating that the vesting order has become operative and naming a place where a copy of the vesting order and of any map or plan referred to therein may be seen at all reasonable hours and may be obtained free of charge upon written request made by or on behalf of any person having an estate in the land.

(2)Notice of a vesting order that has become operative shall be served by the council on such government departments and public bodies as may be prescribed.

6(1)Subject to sub-paragraph (3), a vesting order shall operate, without further assurance, to vest in the council, as from the date on which the vesting order becomes operative (in this Schedule referred to as “the date of vesting” ), an estate in fee simple or such other estate (if any) in, to or over the land to which it relates as is therein specified, freed and discharged from all claims or estates whatsoever (except as is specified in the order).N.I.

(2)To the extent to which compensation is payable in accordance with the provisions of this Schedule, as from the date of vesting the rights and claims of all persons in respect of any land acquired by the vesting order shall be transferred and attached to the fund out of which the expenses of the council in acquiring the land are to be defrayed (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments out of the compensation fund.

(3)Where a vesting order relates to registered land, the council, before lodging the vesting order with the Registrar of Titles, shall endorse upon the vesting order the date on which it would have become operative were it not for the provisions of this sub-paragraph, and in relation to such land the date of vesting shall, notwithstanding anything in sub-paragraph (1), be the date so endorsed or the date on which the order is so lodged, whichever is the later, and that sub-paragraph shall have effect accordingly.

7A vesting order, or the title created by such an order (if it relates to registered land), shall forthwith upon lodgment of the order, be registered in the Registry of Deeds or, as the case requires, the Land Registry.

8 F4Where a vesting order relates to any land forming part of a holding which is subject to the future payment of an annuity under the Land Purchase Acts, it shall not be necessary for any consent or authority for the sub-division of the holding to be given under any provision of those Acts, other than the consent of the Ministry of Finance to any apportionment of the annuity.

9On and after the date of vesting the council or any person authorised by the council may enter upon and use the land to which the vesting order relates.

10(1)Section 92 of the Lands Clauses Consolidation Act 1845 [1845 c.18] shall not have effect in relation to any acquisition of land by means of a vesting order.N.I.

(2)Where a vesting order applies to part only of a house, building or factory, a person having an estate in the whole thereof may, within six weeks from the date on which the order becomes operative, serve a notice on the council, requiring the council to acquire the remainder thereof.

(3 )F5Where a notice is served on the council under sub-paragraph (2) the council shall acquire the remainder of the house, building or factory unless the Lands Tribunal determines that the acquisition of the part thereof acquired by means of the vesting order has not caused material detriment to the house, building or factory.

(4)Where the council acquires the remainder of a house, building or factory in pursuance of sub-paragraph (3), any question as to the amount payable in respect thereof shall be determined as if that remainder had been acquired by means of a vesting order.

N.I.Reference of disputed cases to the Lands Tribunal

11(1)As soon as a vesting order has become operative, any question of disputed compensation arising between the council and any person who—N.I.

(a)has an estate in any land to which the vesting order relates or would have such an estate if the order had not become operative, or

(b)has an estate in any land injuriously affected by the works proposed to be carried out by the council,

shall be referred to and determined by the Lands Tribunal.

(2)Where the person entitled to compensation under this Schedule is not known or cannot be found or neglects or refuses to produce his title or to claim the compensation, or where a person claiming compensation is not absolutely entitled to the compensation or is under any disability the council may refer to the Lands Tribunal any question in connection with the compensation and that question shall be deemed to be a question of disputed compensation for the purposes of this Schedule.

(3 )F6Where a vesting order relates to land forming part of a holding which is subject to the payment of an annuity under the Land Purchase Acts, the council shall give to the Ministry of Finance notice in the prescribed form of any agreement for the payment of compensation by the council to any person who has an estate in the land, and if the Ministry of Finance notifies the council of its intention to bring before the Lands Tribunal any question with respect to the apportionment or redemption of the annuity, that question shall be deemed to be a dispute between the Ministry of Finance and any person claiming compensation in relation to the lands and the provisions of this Schedule shall apply as they apply to a question of disputed compensation.

12(1)When any question of disputed compensation arises, the council shall as soon as practicable thereafter cause to be made out such maps and schedules as may be prescribed of any lands to which the vesting order relates and of any other lands which, it is claimed, may be injuriously affected by the works proposed to be carried out by the council (in this Schedule referred to as “the scheduled lands” ), together with the names, so far as they can be reasonably ascertained, of all persons who immediately prior to the making of the vesting order were interested in the lands as owners or reputed owners, lessees or reputed lessees, or occupiers.N.I.

(2)The council shall deliver to the appropriate officer of the Lands Tribunal one copy of each of the maps and schedules certified by the clerk of the council as correct, and shall publish, in such form and manner as the Ministry directs, a notice stating that such documents have been delivered and the times and place at which copies of them may be inspected by any person desiring to inspect them.

N.I.Special powers of the Lands Tribunal

13(1)The Lands Tribunal shall have the same power of apportioning any rent-service, rent-charge, chief or other rent, payment or incumbrance as two justices have under the Lands Clauses Consolidation Act 1845 [1845 c.18] .N.I.

(2)Subject to the provisions of paragraph 16, the amount of compensation to be paid in pursuance of section 124 of the Lands Clauses Consolidation Act 1845 in respect of any estate in any of the scheduled lands which the council has through mistake or inadvertence failed or omitted duly to make compensation for, shall be awarded by the Lands Tribunal and paid in like manner, as nearly as may be, as the same would have been awarded and paid if the claim of such estate had been delivered to the Lands Tribunal before the day fixed for the delivery of statements of claim.

(3 )F7In determining the amount of any disputed compensation, the Lands Tribunal shall have regard to the extent to which any remaining and contiguous land, belonging to the same proprietor, may be benefited by any proposed work or any proposed use of land for which the land to which the vesting order relates is acquired by the council.

(4)In determining the amount of any disputed compensation, the Lands Tribunal shall not award any sum of money for or in respect of any improvement or alteration made, or building erected, after the date of the first publication by the council of the notice mentioned in paragraph 2 if, in the opinion of the Lands Tribunal, the improvement, alteration, or building in respect of which the claim is made was made or erected with a view to obtaining or increasing compensation; nor, in respect of any estate created after the said date in any land to which the vesting order relates, shall any sum of money be awarded so as to increase the total amount of compensation which would otherwise have been required to be paid in respect of the acquisition of the land.

N.I.Satisfaction of claims

14(1)The council, on paying to any person any compensation (whether the amount has been settled by agreement or determined by the Lands Tribunal), shall obtain from that person a receipt in the prescribed form, which shall be prepared by, and executed at the cost of, the council, and the receipt shall operate to release the compensation fund from all claims by the person giving it and all parties claiming through or under him.N.I.

(2)The council shall pay the costs reasonably incurred by any person claiming compensation, to whom compensation is found due, of furnishing any statement, abstract or other evidence of title required by the council to be furnished by him.

15(1)Where the compensation payable (whether the amount thereof has been settled by agreement or determined by the Lands Tribunal) to any person does not exceed the sum of £100, and the claimant makes a statutory declaration in the prescribed form stating whether he claims as absolute or as limited owner, and gives prima facie evidence which satisfies the council that for not less than six years immediately preceding he, or his immediate predecessor in title, has been personally or by an agent in receipt of the rents or profits, or in actual occupation, of the land in respect of which compensation is payable, the council may pay to the person claiming as absolute owner the compensation payable for the estate in respect of which he claims, and, where a person claims as limited owner of any estate, the council may pay the compensation payable for that estate to the trustees of the settlement under which the limited owner claims.N.I.

(2)Where any compensation not exceeding the sum of £100 is payable in respect of an estate which is subject to any mortgage or charge (not being a charge consisting of an annuity under the Land Purchase Acts or a charge in respect of any sums repayable in respect of a loan made by any government department), the compensation may be paid to the person entitled to the mortgage or charge, or, if there is more than one such mortgage or charge, then the person entitled to the mortgage or charge which is first in priority, and the amount so paid shall be received in reduction of the principal sum for the time being owing in respect of the mortgage or charge, notwithstanding any direction, proviso or covenant to the contrary contained in any instrument; and where the compensation is paid to a mortgagee or chargeant, the receipt given by the mortgagee or chargeant shall release the compensation fund from all claims by him and any subsequent mortgagee or chargeant, and also from all claims by the person creating the mortgage or charge and all persons claiming through or under that person.

(3)A memorandum of the amount paid under sub-paragraph (2) shall, when practicable, be endorsed on the instrument creating the mortgage or charge, and shall be signed by the person receiving the compensation, and a copy of the memorandum shall be furnished by the council at its expense to all persons appearing to the council to be entitled to any estate in the land subject to the mortgage or charge.

16Any person claiming to be entitled to any money paid to another person pursuant to the foregoing provisions of this Schedule may, within six years after the payment has been made, on giving such notice as may be required by rules of court or, as the case requires, county court rules, apply for relief to the High Court, where the amount exceeds 1,000, or to the county court within the jurisdiction of which the land in respect of which the money has been paid is situated, where the amount claimed does not exceed 1,000; and the court may either dismiss the application, or give judgment or make a decree against the council for the amount found due in respect of the claim, and any sum so awarded shall be a debt due to the council by the person to whom the money was paid by it, arising at the date of the judgment or decree.

17F8(1)Where the amount of compensation has been determined but for some reason it is not possible for the council to obtain a good discharge therefor,—N.I.

(a)if the total amount of the compensation does not exceed £1,000, the council shall pay the money into the county court and that court shall have with respect thereto all the jurisdiction exercisable by the High Court under the Lands Clauses Acts;

(b)if the total amount of the compensation exceeds £1,000, the amount payable by the council shall be paid, applied and dealt with in accordance with the provisions of the Lands Clauses Consolidation Act 1845 [1845 c.18] with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating, or not making title, and those provisions shall have effect accordingly.

(2)Money paid into the county court or, as the case may be, the High Court under sub-paragraph (1) shall, subject to county court rules or rules of court, be dealt with according to the orders of the court.

(3)The payment of the compensation in the manner provided by sub-paragraph (1) shall operate to discharge the compensation fund from all claims and interests in respect of which the compensation is payable.

18(1)The council shall pay interest upon the compensation money from the date of the vesting of the land in respect of which the compensation is payable until the time of the payment of the money and interest to the party entitled thereto, or, where such compensation is paid into court, then until the sum with such interest is paid into court accordingly.N.I.

(2)The rate of interest payable under this paragraph shall be such rate as is determined by order made by the Ministry of Finance.

N.I.Payment of Ministry's costs by council

19(1)All costs incurred by the Ministry in carrying the provisions of this Schedule into execution in connection with the acquisition of land by the council shall be paid by the council.N.I.

(2)Where any costs are incurred as mentioned in sub-paragraph (1), the Ministry shall—

(a)prepare a statement of the costs and send it to the council;

(b)consider any representations that are made by the council, within such period as the Ministry specifies, as to the reasonableness of the costs; and

(c)certify the amount of the costs.

(3)A certificate under sub-paragraph (2)( c) shall be evidence of the amount of the costs.

(4)The amount of the costs shall be a debt recoverable summarily by the Ministry from the council.

N.I.Interpretation

20(1)For the purposes of this Schedule the interest of a grantee under a fee farm grant shall be deemed to be a lesser estate than a fee simple.N.I.

(2)In this Schedule “the Ministry” has the meaning assigned to it by paragraph 1.

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