Search Legislation

Local Government Act (Northern Ireland) 1972

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

Local Government Act (Northern Ireland) 1972 is up to date with all changes known to be in force on or before 16 November 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Sch. 8 para. 1 repealed by 2010 c. 23 Sch. 2 (Amendment could not be applied - affected provision (Sch. 8) not available on legislation.gov.uk)
  • Sch. 8 para. 3 repealed by 2010 c. 23 Sch. 2 (Amendment could not be applied - affected provision (Sch. 8) not available on legislation.gov.uk)

SCHEDULES

Section 7.

SCHEDULE 1N.I.DECLARATIONS ON ACCEPTANCE OF OFFICE

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

PART IN.I.DECLARATION OF COUNCILLOR

I  having been chosen Councillor for the District of  hereby declare that I take the said office upon myself and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability …

F1[F2I affirm that I have read and will [F3observe the Northern Ireland Local Government Code of Conduct for Councillors (as revised from time to time)] in the performance of my functions as a councillor.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Dated this day of  Signed

Part II rep. by 1973 NI 10

Section 22.

F4SCHEDULE 2N.I.MEETINGS AND PROCEEDINGS OF COUNCILS AND COMMITTEES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Section 40.

SCHEDULE 3N.I.THE STAFF COMMISSION

N.I.

N.I.Members

1Section 18(2) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] (except, in relation to members other than the chairman, so much of that section as relates to remuneration) shall apply to the appointment of members of the Staff Commission.

N.I.Allowances

2The Staff Commission may pay—

(a)to its chairman such remuneration; and

(b)to its chairman and its other members such reasonable allowances in respect of expenses properly incurred in the performance of their duties;

as may be determined by the Ministry with the approval of the Ministry of FinanceF5.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F5SR 1976/281

[F62AThe Staff Commission may make payments to its members for, or in relation to anything done in connection with, service as members of the Staff Commission and such payments shall be of an amount or rate to be determined by the Department with the approval of the Department of Finance and Personnel but not exceeding the amount or rate [F7determined by the Department under section 31(2) of the Local Government Finance Act (Northern Ireland) 2011].]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

N.I.Expenses

3Before the commencement of each financial year the Staff Commission shall prepare an estimate of the amount of its total expenditure for that year.

4In preparing the estimate mentioned in paragraph 3, the Staff Commission shall take into account any surplus or deficit accruing from previous years or estimated to accrue in the current year, and may also include such additional amount as is, in the opinion of the Staff Commission, required to meet contingencies.

5The Staff Commission shall, with the approval of the Ministry, apportion the amount estimated in accordance with paragraphs 3 and 4 between expenditure arising from matters directly concerning councils [F8, expenditure arising from matters directly concerning the Executive] and other expenditure.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

6Any question arising in connection with an apportionment under paragraph 5 shall be referred to and determined by the Ministry of FinanceF9.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F9SR 1976/281

7The amount apportioned under paragraph 5 as arising from matters directly concerning councils shall be further apportioned between all the councils in Northern Ireland rateably in proportion to the rateable value of the hereditaments in their districts, and the amount that is so further apportioned to each council shall be paid by that council to the Staff Commission at such time and in such manner as the Staff Commission directs.

F10[7AThe amount apportioned under paragraph 5 as arising from matters directly concerning the Executive shall be paid to the Staff Commission by the Executive at such time and in such manner as the Staff Commission directs.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

8Any sum which is payable by a council [F11 or, as the case may be, by the Executive] to the Staff Commission under paragraph 7 [F11 or paragraph 7A] shall be a debt recoverable from the council [F11 or the Executive] by the Staff Commission.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

9The amount apportioned under paragraph 5 as other expenditure shall be defrayed as expenses of the Ministry.

N.I.Borrowing

10The Staff Commission may borrow, by way of temporary loan or overdraft from a bank or otherwise, any sum which the Staff Commission temporarily requires for the purpose of defraying expenses pending the receipt of revenues receivable by it.

N.I.Accounts, etc., and audit

11The Staff Commission shall keep such accounts and records as the Ministry directs.

12The accounts of the Staff Commission shall be audited annually by [F12the local] government auditor, and the provisions of[F13Part II of the Local Government (Northern Ireland) Order 2005] with respect to audit shall apply to that audit subject to such modifications as the Ministry directs.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

N.I.Information, reports and returns

13The Staff Commission shall—

(a)make such reports and returns, and

(b)give such information with respect to the exercise of its functions, to the Ministry, within such period, as the Ministry directs.

[F14SCHEDULE 4N.I.LOCAL GOVERNMENT BOUNDARIES COMMISSIONER

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

PART I N.I.APPOINTMENT, ETC.

InterpretationN.I.

1In this Schedule “a Commissioner” means a Local Government Boundaries Commissioner.

AppointmentN.I.

2

(1)Section 18(2) of the Interpretation Act (Northern Ireland) 1954 applies to the appointment of a Commissioner, with the omission of paragraph (b)(iii).

(2)A Commissioner shall be appointed on such terms and conditions as the Department, with the approval of the Department of Finance and Personnel, may determine.

(3)The appointment of a Commissioner shall terminate on such date after he submits his final report under section 50(6) as the Department may determine.

Assistant Commissioners and assessorsN.I.

3

(1)The Department may, at the request of a Commissioner, appoint one or more Assistant Commissioners on such terms and conditions as the Department, with the approval of the Department of Finance and Personnel, may determine.

(2)The following shall be assessors to a Commissioner—

(a)the Registrar General for Northern Ireland;

(b)the Commissioner of Valuation for Northern Ireland;

[F15(c)the Chief Survey Officer of Land and Property Services; and]

(d)the Chief Electoral Officer for Northern Ireland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

OfficersN.I.

4The Department shall appoint—

(a)a secretary; and

(b)such other officers to assist a Commissioner as the Department, with the approval of the Department of Finance and Personnel, may determine.

(2)The terms and conditions of any appointment under this paragraph shall be such as may be determined by the Department, with the approval of the Department of Finance and Personnel.

Remuneration and expensesN.I.

5The remuneration and expenses of a Commissioner, any Assistant Commissioners and the secretary and any officers appointed under paragraph 4 shall be charged on and paid out of the Consolidated Fund.

PART II N.I.PROCEDURE

Procedure for Commissioner appointed under section 50(1)(a)N.I.

6

(1)This paragraph applies where a Commissioner is appointed under section 50(1)(a).

(2)As soon as practicable after his appointment, the Commissioner shall make a public announcement to the effect—

(a)that he has commenced his task; and

[F16(b)that he will in due course publish provisional recommendations and cause a public hearing to be held in each of the 11 districts mentioned in section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008.]

(3)Where the Commissioner has provisionally determined to make recommendations with respect to a district and the wards within a district, he shall publish in at least two newspapers circulating in that district a notice-

(a)setting out the provisional recommendations or specifying places and times at which copies of the provisional recommendations may be inspected;

(b)stating that representations in writing with respect to the provisional recommendations may be made to the Commissioner in such manner and before such date as may be specified in the notice; and

(c)stating that the public hearing required to be held by sub-paragraph (4) is to be held —

(i)at such place in the district; and

(ii)beginning at such date and time;

as may be so specified.

(4)Where a Commissioner has published notice under sub-paragraph (3) in respect of a district, he shall, in accordance with the terms of that notice, cause a public hearing to be held in respect of—

(a)the boundary and name of the district; and

(b)the number, boundaries and names of the wards within that district.

(5)The Commissioner may cause additional public hearings to be held in such manner as he may direct.

(6)The Commissioner—

(a)shall take into consideration the representations, if any, made in accordance with a notice published under sub-paragraph (3) or at a hearing under sub-paragraph (4) or (5); and

(b)may revise any provisional recommendations.

(7)Where the Commissioner revises any provisional recommendations with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-

(a)setting out the revised recommendations or specifying places and times at which copies of the revised recommendations may be inspected; and

(b)stating that representations in writing with respect to the revised recommendations may, within the relevant period, be made to the Commissioner in the manner specified in the notice;

and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Procedure for Commissioner appointed under section 50(1)(b)N.I.

7

(1)This paragraph applies where a Commissioner is appointed under section 50(1)(b).

(2)As soon as practicable after his appointment, the Commissioner shall—

(a)make a public announcement to the effect that he has commenced his task; and

(b)invite proposals from councils, political parties, associations, organisations and individual members of the public.

(3)Where the Commissioner has provisionally determined to make recommendations with respect to a district or the wards within a district, he shall publish in at least two newspapers circulating in the district a notice-

(a)setting out the provisional recommendations or specifying places and times at which copies of the provisional recommendations may be inspected; and

(b)stating that representations in writing with respect to the provisional recommendations may, within the relevant period, be made to the Commissioner in the manner specified in the notice.

(4)Where the period specified in a notice under paragraph (3) in relation to a district has elapsed, the Commissioner may, after giving public notice thereof, cause a public hearing to be held in that district in respect of—

(a)the boundary and name of the district, and the number, boundaries and names of the wards within that district; or

(b)such of those matters as are affected by the recommendations in question.

(5)Where the Commissioner receives any representations duly made in accordance with the notice under sub-paragraph (3) objecting to the recommendations he has provisionally determined to make-

(a)from the council of the district, or

(b)from not less than 100 local electors registered by virtue of a qualifying address in the district,

the Commissioner shall not make the recommendations unless, since the publication of the notice, a public hearing such as is mentioned in sub-paragraph (4) has been held in the district.

(6)The Commissioner may cause additional public hearings to be held in such manner as he may direct.

(7)The Commissioner—

(a)shall take into consideration the representations, if any, made in accordance with a notice published under sub-paragraph (3) or at a hearing under sub-paragraph (4) or (6); and

(b)may revise any provisional recommendations.

(8)Where the Commissioner revises any provisional recommendations with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-

(a)setting out the revised recommendations or specifying places and times at which copies of the revised recommendations may be inspected; and

(b)stating that representations in writing with respect to the revised recommendations may, within the relevant period, be made to the Commissioner in the manner specified in the notice;

and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.

Procedure for Commissioner appointed under section 50(4)N.I.

8

(1)This paragraph applies where a Commissioner is appointed under section 50(4).

(2)As soon as practicable after his appointment, the Commissioner shall—

(a)make a public announcement to the effect that he has commenced his task; and

(b)invite proposals, including proposals for modifying the proposals he has been appointed to consider, from councils, political parties, associations, organisations and individual members of the public.

(3)The Commissioner shall also publish in at least two newspapers circulating in the district a notice-

(a)setting out the proposals he has been appointed to consider or specifying places and times at which copies of the proposals may be inspected; and

(b)stating that representations in writing with respect to the proposals may, within the relevant period, be made to the Commissioner in the manner specified in the notice.

(4)Where the period specified in a notice under paragraph (3) in relation to a district has elapsed, the Commissioner may, after giving public notice thereof, cause a public hearing to be held in that district in respect of the proposals in question.

(5)Where the Commissioner receives any representations duly made in accordance with the notice under sub-paragraph (3) objecting to the proposals he has been appointed to consider-

(a)from the council of the district, or

(b)from not less than 100 local electors registered by virtue of a qualifying address in the district,

the Commissioner shall not recommend the implementation of the proposals, unless, since the publication of the notice, a public hearing such as is mentioned in sub-paragraph (4) has been held in the district.

(6)The Commissioner may cause additional public hearings to be held in such manner as he may direct.

(7)The Commissioner—

(a)shall take into consideration the representations, if any, made in accordance with a notice published under sub-paragraph (3) or at a hearing under sub-paragraph (4) or (6); and

(b)may provisionally determine to recommend modification of the proposals.

(8)Where the Commissioner provisionally determines to recommend modification of the proposals with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-

(a)setting out the revised proposals or specifying places and times at which copies of the revised proposals may be inspected; and

(b)stating that representations in writing with respect to the revised proposals may, within the relevant period, be made to the Commissioner in the manner specified in the notice;

and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.

Commissioner's procedure - generalN.I.

9In relation to a notice published by a Commissioner under paragraph 6(7), 7(3) or (8) or 8(3) or (8) “the relevant period” is one month, or such longer period not exceeding two months, as the Commissioner may determine, from the date of the last publication of the notice.

10A Commissioner may direct any hearing under this Schedule to be held before an Assistant Commissioner.

11A Commissioner may, if he thinks fit, submit interim reports to the Department before making his final report under section 50(6).

12Subject to paragraphs 7 to 11, a Commissioner may regulate his own procedure.

13Every document purporting to be an instrument made or issued by a Commissioner and to be signed by the secretary or any person authorised by the Commissioner to act in that behalf shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by a Commissioner.

PART III N.I.RULES IN ACCORDANCE WITH WHICH RECOMMENDATIONS OF A COMMISSIONER ARE TO BE MADE

14Regard shall be had to the desirability of determining district and ward boundaries which are readily identifiable.

15A townland shall not, except where in the opinion of the Commissioner it is unavoidable, be included partly in one district or ward and partly in another.

16As far as practicable—

(a)a district shall not be wholly or substantially severed by the boundary of another district; and

(b)a district shall not be wholly or substantially encompassed within the boundary of another district.

17In determining the number and boundaries of wards within a district regard shall be had to-

(a)the size, population and physical diversity of the district; and

(b)the desirability that there should be a proper representation of the rural and urban electorate within the district.

[F1718(1)Subject to sub-paragraphs (2) and (3)—N.I.

(a)in the district of Belfast the number of wards shall be 60;

(b)in each other district the number of wards shall be 40.

(2)Where, having regard to the matters mentioned in paragraph 17, the Commissioner considers it desirable that the number of wards in any district should be more than that specified in sub-paragraph (1), the number of wards in that district may be increased by not more than 5.

(3)Where, having regard to the matters mentioned in paragraph 17, the Commissioner considers it desirable that the number of wards in any district should be fewer than that specified in sub-paragraph (1), the number of wards in that district may be decreased by not more than 5.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

19

(1)Within any one district there shall, as far as is reasonably practicable having regard to paragraph 17, be substantially the same number of local electors in each ward.

(2)For the purposes of sub-paragraph (1) it shall be taken that the electors in each ward are the persons registered as local electors, by virtue of a qualifying address within that ward, in the register of electors last published before the making of the announcement mentioned in paragraph 6(2), 7(2) or 8(2) (as the case may be).]

F18F18SCHEDULE 5N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Section 97.

F19F20F21SCHEDULE 6N.I.ACQUISITION OF LAND BY VESTING ORDER

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C5Sch. 6 applied (with modifications) (1.10.2008) by Libraries Act (Northern Ireland) 2008 (c. 8), ss. 5(4), 12(2) (with s. 5(5)); S.R. 2008/396, art. 2(d)

N.I.

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 F22Where 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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 )F23Where 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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 )F24Where 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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 )F25In 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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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.

17F26(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

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.

Section 142.

SCHEDULE 7N.I.PROVISIONS APPLIED TO JOINT COMMITTEES

SectionGeneral subject matter of provision
6Penalties for acting while disqualified.
[F2722(2)‐(4)][F27Duty to adopt certain procedural standing orders.]
F28. . .F28. . .
F28. . .F28. . .
F28. . .F28. . .
F28. . .F28. . .
F28. . .F28. . .
28Disclosure of councillors' pecuniary interests and disability from voting on account thereof.
29Restrictions on application of section 28.
30Relatives of councillors.
31Recovery of wrongful gains and remedies against councillor guilty of reprehensible conduct.
32Ancillary powers of the High Court in exercising jurisdiction under section 31.
33Time limit for proceedings under sections 28, 30 and 31.
F29. . . F29. . .
F28. . .F28. . .
40The Staff Commission.
41Appointment and qualification of officers.
42Councillors not to be appointed officers.
F30
44Retirement of officers.
45Insurance against default of officers.
46Duty of officers to disclose pecuniary interest.
47Publication of acceptance of unauthorised fee or reward.
F28. . .F28. . .
F28. . .F28. . .
F31. . . F31. . .
F31. . . F31. . .
F31. . . F31. . .
F31. . . F31. . .
F31. . . F31. . .
F31. . . F31. . .
F31. . . F31. . .
F31. . . F31. . .
[F27107][F27Contributions for development of trade, tourism, and cultural activities.]
[F27108][F27Contributions to other voluntary bodies.]
[F27110][F27Information centres.]
112Insurance.
F32. . . F32. . .
[F27115A][F27Prohibition of political publicity.]
[F27115B][F27Codes of recommended practice as regards publicity.]
[F27115C][F27Separate account of expenditure on publicity.]
[F27115D][F27Sections 115A to 115C: supplementary provisions.]
119Evidence of resolutions, etc.
121Inspection of documents.
122Public notices.
123Penalty for destroying notices.
124Authentication of documents.
125Custody of records.
F28. . .F28. . .
F28. . .F28. . .
146Interpretation: pecuniary interests.
148General interpretation.
Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F28In Sch. 7 the entries relating to ss. 23, 24, 25, 26, 27, 39, 47A, 48, 127, 128 repealed (1.4.2015) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 10 (with s. 124(4)); S.R. 2015/209, art. 2, Sch. 1

F31In Sch. 7 the entries relating to ss. 76-82 repealed (1.4.2006) by Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I. 18)), arts. 1(2), 28(8), Sch. 1; S.R. 2006/151, art. 2, Sch. (with art. 4)

N.I.

Schedule 8 —Amendments

N.I.

Schedule 9—Repeals

Back to top

Options/Help

Print Options

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources