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Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Acquisition of historic monuments

Acquisition of historic monuments by agreement or compulsorily

13.  (1)  The Department may, by agreement or compulsorily, acquire any historic monument for the purpose of securing its protection.

(2) Where the Department in exercise of the power conferred by paragraph (1) desires to acquire an historic monument otherwise than by agreement, the Department may make an order (in this Article referred to as a “vesting order”) vesting the monument in the Department.

(3) Schedule 6 to the Local Government Act (Northern Ireland) 1972(1) shall, subject to the modifications specified in Schedule 2 to this Order, apply for the purposes of the acquisition of an historic monument by means of a vesting order made under this Article 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 in respect of land—

(a)which is the property of any body established by or under a statutory provision which has power under any statutory provision to acquire land compulsorily; or

(b)which is declared by or under any statutory 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objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of the Assembly.

(5) For the purpose of assessing compensation in respect of any compulsory acquisition under this Article of a monument which, immediately before the date of the vesting order, was scheduled, it shall be assumed that scheduled monument consent would not be granted for any works which would or might result in the demolition, destruction or removal of the monument or any part of it.

Acquisition of historic monuments by way of gift

14.  (1)  The Department may accept a gift (whether by deed or will) of any historic monument.

(2) The Department may defray or contribute towards the costs incurred by any person in making a gift by deed to the Department under paragraph (1).

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