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Planning (Compensation, etc.) Act (Northern Ireland) 2001

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 6(1).

SCHEDULE 1Amendments

The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23)

1.  For section 30 there shall be substituted the following section—

30.    Public bodies in relation to compensation under section 26.

Where a public body are entitled to a compensatable estate in any land, compensation under section 26 shall not be payable to that body in respect of an order under Article 38 of the Planning Order whereby any planning permission is revoked or modified unless the order is in respect of any land specified in any regulations under section 4 or land of a class or description so specified..

2.  In section 33—

(a)in subsection (1), for the words “any of the purposes of Part II or III” there shall be substituted “the purposes of section 26”; and

(b)in subsection (3), for the words “any of the provisions of Part II or III” there shall be substituted “section 26”.

The Planning (Northern Ireland) Order 1972 (NI 17)

3.  In Article 65(4), for “27 to 33 and 37 to 39” there shall be substituted “27, 30, 31, 33 and 37”.

4.  In Article 66B(4), for the words “Sections 31 to 33” there shall be substituted “Sections 31 and 33”.

5.  In Article 69—

(a)for the words “Part II, or section 26 or 29, of the Act of 1965 in relation to a planning decision or order” there shall be substituted “section 26 of the Act of 1965 in relation to an order”; and

(b)for the words “the decision or order” there shall be substituted “the order”.

The Planning (Northern Ireland) Order 1991 (NI 11)

6.  In Schedule 5, in the amendment to the 1965 Act beginning “Sections 15(1)(b)(i)”, for the words “Sections 15(1)(b)(i), 18(2), 29 and 43(1)” there shall be substituted “Section 43(1)”.

The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9)

7.  In Articles 9(7) and 11(6) for the words “Sections 32 and 33” there shall be substituted “Section 33” and for the words “they have” there shall be substituted “it has”.

The Water (Northern Ireland) Order 1999 (NI 6)

8.  In paragraph 7(5) of Schedule 2 for the words “Sections 31 to 33(1)” there shall be substituted “Sections 31 and 33(1)”.

Section 6(2).

SCHEDULE 2Savings

1.  The repeal by this Act of Part I of the 1965 Act does not affect the operation, for the purposes of section 30 of the 1965 Act, of regulations made under section 4 of that Act.

2.  The repeal by this Act of Part II of the 1965 Act does not affect the operation of section 20(2) of the 1965 Act for the purposes of section 26 of that Act.

3.  The repeal by this Act of Part II of the 1965 Act does not affect the operation of section 22 of the 1965 Act for the purposes of—

(a)section 26 of that Act; or

(b)Article 65 of the 1972 Order.

4.  The repeal by this Act of Part II of the 1965 Act does not affect the operation, for the purposes of section 27 of the 1965 Act, of section 23 of that Act and any regulations made by virtue of that section.

5.  The repeal by this Act of Part II of the 1965 Act does not affect the operation of section 24 of the 1965 Act for the purposes of section 27 or 37 of that Act.

6.  The repeal by this Act of section 29 of the 1965 Act does not affect the operation of that section for the purposes of section 26 of the 1965 Act.

Section 6(3).

SCHEDULE 3Repeals

Short TitleExtent of repeal
The Land Development Values (Compensation) Act (Northern Ireland) 1965 (c. 23).Parts I and II.
In section 27(3), the words “as they have effect with respect to an apportionment under section 21”.
In section 27(7), the words “and section 28”.
Sections 28 and 29.
Section 32.
Section 33(2).
Section 37(6).
Sections 38 and 39.
In section 40(1), the words “for the determination of its development value or”.
In section 43(1), the definitions of “caravan” and “caravan site”.
In section 43(1), in the definitions of “Part III compensation” the words “or 29”.
In section 43(4), the words “, except for the purposes of section 22,”.
Schedule 3.
The Planning (Northern Ireland) Order 1972 (NI 17)Article 64.
Article 69A.
Article 90.
The Land Compensation (Northern Ireland) Order 1982 (NI 9).In Schedule 2, paragraph 10.
The Planning (Amendment) (Northern Ireland) Order 1982 (NI 20).Article 18.
The Planning (Northern Ireland) Order 1991 (NI 11).In Schedule 5, in the amendment to the 1965 Act beginning “Sections 15(1)(b)(i)” the words “(1), (3), (4), (12)”.
In Schedule 5, the amendments to sections 15 and 18 of the 1965 Act.

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