The Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003 No. 410 (NI. 1)

PART III N.I. REGENERATION OF SITES

Modifications etc. (not altering text)

C1 Pt. III: transfer of functions for specified purposes (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 4 (with art. 9(2))

Functions of the Office in relation to relevant sites N.I.

Disposal of relevant sites by the [F1 responsible department] N.I.

10.—(1) The [F1 responsible department] may, with the approval of the Department of Finance and Personnel, dispose of any land forming all or part of a relevant site and vested in the [F1 responsible department].

(2) A disposal under this Article –

(a) may be for value or otherwise; and

(b) shall be on such terms and conditions as the [F1 responsible department] may think fit.

(3) In particular on any such disposal the [F1 responsible department] may –

(a) impose such restrictions as the [F1 responsible department] may think necessary on the use of the land disposed of; and

(b) grant or reserve such rights over the land as the [F1 responsible department] may think fit.

(4) Nothing in section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 (c. 6) affects the disposal by the [F1 responsible department] of land forming all or part of a relevant site.

F1 Words in arts. 10-13 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 5 (with art. 9(2))

Regeneration of relevant sites by the [F1 responsible department] N.I.

11.—(1) For the purpose of securing the regeneration of a relevant site, the [F1 responsible department] may –

(a) carry out the development or redevelopment of land, including the conversion or demolition of existing buildings;

(b) carry out building and other operations;

(c) provide services and facilities;

(d) form, or acquire interests in, bodies corporate;

(e) act with other persons, whether in partnership or otherwise;

(f) give financial assistance to other bodies or persons in accordance with paragraphs (2) to (5);

(g) carry out studies, investigations and research;

(h) generally do anything necessary or expedient for that purpose.

(2) The [F1 responsible department] may, with the approval of the Department of Finance and Personnel, provide financial assistance for any body or person doing or intending to do on or in relation to a relevant site anything falling within paragraph (3).

(3) Financial assistance under paragraph (2) may be provided for –

(a) the promotion, development or regeneration of commercial, industrial or other economic activity;

(b) the improvement of the environment;

(c) the provision of housing;

(d) the provision of social, cultural, recreational or community facilities;

(e) the refurbishment or restructuring of buildings;

(f) anything not falling within sub-paragraphs (a) to (e) which the [F1 responsible department] considers will benefit the site.

(4) Financial assistance under paragraph (2) may include –

(a) grants;

(b) loans;

(c) guarantees;

(d) the taking of any interest in property or in a body corporate.

(5) In providing financial assistance under paragraph (2), the [F1 responsible department] may impose such conditions as it thinks fit, including conditions for repayment in specified circumstances.

F1 Words in arts. 10-13 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 5 (with art. 9(2))

Acquisition of land by the [F1 responsible department] N.I.

12.—(1) The [F1 responsible department] may acquire by agreement or compulsorily land which –

(a) is adjacent to a relevant site and is required by the [F1 responsible department] for purposes connected with the discharge of its functions in relation to the site; or

(b) is required to provide or improve access to a relevant site.

(2) Parts I and III of Schedule 2 shall have effect in relation to –

(a) the compulsory acquisition of land under paragraph (1); and

(b) powers of entry in connection with the acquisition of land under that paragraph.

(3) Where land is acquired by the [F1 responsible department] under paragraph (1) in connection with a relevant site, that land shall for the purposes of this Part be taken to form part of the relevant site.

F1 Words in arts. 10-13 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 5 (with art. 9(2))

Agreements and consultation with other bodies and persons N.I.

13.—(1) The [F1 responsible department] may –

(a) enter into an agreement with any person for the development of any land forming all or part of a relevant site, and

(b) do anything which is required in order to secure the development of that land in accordance with such agreement.

(2) The [F1 responsible department] shall consult –

(a) the district council for the district in which a relevant site is situated;

(b) such other public bodies as the [F1 responsible department] thinks appropriate; and

(c) such other bodies or persons as appear to the [F1 responsible department] to have an interest in the site,

about the exercise of the [F2 responsible department’s] functions under Article 11 in relation to the site.

F1 Words in arts. 10-13 substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 5 (with art. 9(2))

F2 Words in art. 13(2) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 6 (with art. 9(2))

Powers of Office not exercisable where development corporation established N.I.

14.  Articles 10 to 13 do not apply in relation to any relevant site for which a development corporation is for the time being established under Article 15.