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Forestry Act (Northern Ireland) 2010

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Changes over time for: Cross Heading: Compulsory acquisition: procedure, etc.

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Compulsory acquisition: procedure, etc.N.I.

2  Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9) applies for the purposes of the acquisition of land by means of a vesting order made under paragraph 1 in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act, subject to the following modifications—N.I.

(a)for any reference to the Department or the council substitute a reference to the Department;

(b)for any reference to that Act substitute a reference to this Act;

(c)omit paragraph 1;

(d)in paragraph 2—

(i)for the words from the beginning to “directs” substitute “ Where the Department proposes to acquire land compulsorily, it shall give notice of its intention to do so, and that notice ”;

(ii)omit the words “in such form and manner as the Ministry directs” ;

(iii)in sub-paragraph (c) for the words “as may be prescribed” substitute “ as the Department considers fit ”;

(e)in paragraph 3(1)(b) after the word “held” insert “ by the planning appeals commission or by any other person ”;

(f)in paragraph 4 omit the words from “and may provide” onwards;

(g)in paragraph 5—

(i)in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;

(ii)in sub-paragraph (1)(d) omit the words “in the prescribed form”;

(iii)in sub-paragraph (2) for the words “as may be prescribed” substitute “ as the Department thinks fit ”;

(h)in paragraph 6(2) for the words from “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute “ Consolidated Fund ” and for the words “out of the compensation fund” substitute “ made by the Department ”;

(i)in paragraph 11(3) omit the words “in the prescribed form”;

(j)in paragraph 12—

(i)in sub-paragraph (1) omit the words “such” and “as may be prescribed”;

(ii)in sub-paragraph (2) for the words from “clerk” to “directs” substitute “ Department as correct, and publish ”;

(k)in paragraph 14(1) omit the words “in the prescribed form”;

(l)in paragraph 15(1) for the words “in the prescribed form” substitute “ in such form as may be approved by the Department ”;

(m)omit paragraphs 19 and 20(2).

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