SCHEDULES
SCHEDULE 3F5HEALTH AND SOCIAL CARE TRUSTS
PART IIISUPPLEMENTARY PROVISIONS
Compulsory acquisition21
1
An F1HSC trust may, for the purposes of its functions, acquire land compulsorily.
2
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objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal has been approved by a resolution of the Assembly.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
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 F1HSC trust to have an interest in the matter
”
;
g
paragraph 19 shall be omitted.
7
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 F1HSC trust.
Words in Order substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2