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

SCHEDULES

SCHEDULE 2 N.I. ACQUISITION OF LAND

PART I N.I. ACQUISITION BY THE OFFICE

Compulsory acquisition: vesting orders N.I.

1.—(1) Where the [F1 responsible department] proposes to acquire land compulsorily it may make an order (a “vesting order”) vesting the land in the [F1 responsible department]. N.I.

(2) The power to make a vesting order in respect of any land by virtue of this paragraph includes power to create and vest in the [F1 responsible department] new rights over the land as well as to vest existing rights.

(3) The Planning Blight (Compensation) (Northern Ireland) Order 1981 (NI 16) shall apply to land which the [F1 responsible department] has resolved to acquire under this paragraph as it applies to land specified in Article 3(1) of that Order.

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

Compulsory acquisition: procedure, etc. N.I.

2.—(1) Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c.9) shall apply 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 there shall be substituted a reference to the [F2 responsible department];

(b) for any reference to that Act there shall be substituted a reference to this Order;

(c) paragraph 1 shall be omitted;

(d) in paragraph 2 –

(i) for the words “Notice of the application” there shall be substituted “ Notice of the [F3 relevant department’s] intention to acquire the land compulsorily ”;

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

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

(e) in paragraph 3(1)(b) after the word “held” there shall be inserted the words “ by the planning appeals commission or by any other person ”;

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

(g) in paragraph 5 –

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

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

(iii) in sub-paragraph (2) for the words “as may be prescribed” there shall be substituted “ as the [F2 responsible 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” there shall be substituted “ Consolidated Fund ” and for the words “out of the compensation fund” there shall be substituted “ made by the [F2 responsible department]”;

(i) in paragraph 11(3) the words “in the prescribed form” shall be omitted;

(j) in paragraph 12 –

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

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

(k) in paragraph 14(1) the words “in the prescribed form” shall be omitted;

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

(m) paragraphs 19 and 20(2) shall be omitted.

F2 Words in Sch. 2 para. 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. 9(2) (with art. 9(2))

F3 Words in Sch. 2 para. 2(1)(d) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(3), Sch. 6 para. 9(3) (with art. 9(2))