The Health and Personal Social Services (Northern Ireland) Order 1991

Compulsory acquisition N.I.

21.—(1) An [F1 HSC trust] may, for the purposes of its functions, acquire land compulsorily.

(2) Where an [F1 HSC trust] desires to acquire land compulsorily it may apply to the Department for an order (in this paragraph referred to as a “vesting order”) vesting the land in the [F1 HSC trust] and the Department may make a vesting order.

(3) Schedule 6 to the Local Government (Northern Ireland) Act 1972F2 shall, subject to the modifications specified in sub-paragraph (6), apply for the purposes of the acquisition of land by means of a vesting order made under this paragraph 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 under this paragraph 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objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal has been approved by a resolution of the Assembly.

(5) Nothing in this paragraph shall authorise the acquisition, without the consent of the Department of the Environment, of any land on or in which there is to the knowledge of the Department any historic monument or archaeological object within the meaning of the Historic Monuments Act (Northern Ireland) 1971F3 .

(6) The modifications of Schedule 6 to the Local Government (Northern Ireland) Act 1972F4 referred to in sub-paragraph (3) are the following—

(a) for any reference to a council or the council or the clerk of the council there shall be substituted a reference to an [F1 HSC trust] or the [F1 HSC trust] or the chief officer of the [F1 HSC trust] respectively;

(b) for any reference to the Ministry concerned there shall be substituted a reference to the Department;

(c) for any reference to that Act there shall be substituted a reference to this Order;

(d) any references to that Schedule shall be construed as references to that Schedule as modified by this sub-paragraph;

(e) for any reference to a matter prescribed by regulations made by the Department of the Environment there shall be substituted a reference to a matter prescribed by regulations made by the Department of Health and Social Services;

(f) in paragraphs 2(c) and 5(2) for the words “as may be prescribed” there shall be substituted the words “ as appear to the [F1 HSC trust] to have an interest in the matter ”;

(g) paragraph 19 shall be omitted.

(7) Where an [F1 HSC trust] proposes to acquire land compulsorily under this paragraph, a person authorised in writing by the [F1 HSC trust] may, on production if required of his credentials, at any reasonable time enter that land for the purpose of survey, valuation or examination.

(8) Paragraphs (2) to (8) of Article 49 of the principal Order shall apply in relation to the exercise of the power conferred by sub-paragraph (7) as it applies to the exercise of the power conferred by paragraph (1) of that Article; and in those paragraphs as so applied—

(a) any reference to an authorised person shall be construed as a reference to a person authorised under sub-paragraph (7); and

(b) any reference to the Department shall be construed as a reference to the [F1 HSC trust].

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F2 1972 c. 9 (NI)

F3 1971 c. 17 (NI)

F4 1972 c. 9 (NI)