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SCHEDULES

Article 59(3).

SCHEDULE 3MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 59(3)

1.  References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed as references to that Schedule as modified by this Schedule.

2.  References to the council or the Department shall be construed as references to the Secretary of State.

3.  Paragraph 1 shall be omitted.

4.  In paragraph 2—

(a)for the words from the beginning to “directs,” there shall be substituted the words “Where the Secretary of State proposes to acquire land otherwise than by agreement, he shall give notice of his intention to do so and such notice”;

(b)in sub-paragraph (c) for the words “as may be prescribed” there shall be substituted the words “as the Secretary of State thinks fit”.

5.  In paragraph 3—

(a)in sub-paragraph (1)(i) for the words “any modifications of the council’s proposal that the Ministry thinks proper” there shall be substituted the words “such modifications to his proposal as he thinks fit”;

(b)in sub-paragraph (1)(ii) for the word “refuse” there shall be substituted the words “decide not”;

(c)in sub-paragraph (2) for the words “making or refusing” there shall be substituted the words “deciding whether to make”.

6.  In paragraph 4 the words from “and may provide” to the end of the paragraph shall be omitted.

7.  In paragraph 5—

(a)in sub-paragraph (1)(a) the words “in the prescribed form and manner” shall be omitted;

(b)in sub-paragraph (1)(b) for the two references to the said Act of 1972 there shall be substituted references to this Order;

(c)in sub-paragraph (1)(d) the words “in the prescribed form” shall be omitted;

(d)in sub-paragraph (2) for the words “as may be prescribed” there shall be substituted the words “as the Secretary of State thinks fit”.

8.  In paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” there shall be substituted the words “Consolidated Fund of the United Kingdom” and for the words “out of the compensation fund” there shall be substituted the words “made by the Secretary of State”.

9.  In paragraph 11(3) the words “in the prescribed form” shall be omitted.

10.  In paragraph 12—

(a)in sub-paragraph (1) the word “such” and the words “as may be prescribed” shall be omitted;

(b)in sub-paragraph (2) for the words from “clerk” to “directs,” there shall be substituted the words “Secretary of State as correct, and publish”.

11.  In paragraph 14(1) the words “in the prescribed form,” shall be omitted.

12.  In paragraph 15(1) for the words “in the prescribed form” there shall be substituted “in such form as may be approved by the Secretary of State”.

13.  In paragraph 18—

(a)in sub-paragraph (2) for the words “Ministry of Finance” there shall be substituted “Treasury”;

(b)after that sub-paragraph there shall be added the following sub-paragraph—

(3) Section 143 shall not apply to an order made by the Treasury under this paragraph but such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946 shall apply accordingly..

14.  Paragraph 19 shall be omitted.

15.  In paragraph 20, sub-paragraph (2) shall be omitted.