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Explanatory Memorandum to Stormont Estate (Northern Ireland) Order 2006

Commentary on Articles

8.A commentary on the provisions follows. Comments are not given where the wording is self-explanatory.

Article 1: Title, commencement and interpretation

This Article sets out the title of the Order.  It also specifies when the provisions come into effect.

Article 2: Power to dispose of designated lands in Stormont Estate

Article 2(1) empowers the Department of Finance and Personnel to dispose of all or part of any land designated by order under Article 2(3).

Article 2(2) over-rides the restrictions on disposal in the trust under which the lands comprised in a conveyance of 1933 between HM Commissioners of Public Works and the Ministry of Finance are held by the Department of Finance and Personnel.

Article 2(3) gives the Department of Finance and Personnel power to designate by order those lands that are to be released from the effects of the Stormont Estate trust.

Article 2(4) prevents Parliament Buildings, Stormont Castle or Stormont House from being included among the designated lands.

Article 2(6) restricts exercise of the designation powers to the six months following the date on which first designation order is made.  This will prevent the disposal in the future of additional lands forming part of the trust estate without recourse to further primary legislation.

Article 3: Effect of disposal under Article 2 on regulations, etc. of Stormont Estate

Article 3 provides that, once the designated land is disposed of, sections 1 to 4 of the Northern Ireland Act 1933 will cease to apply to it and that the regulations made under Section 1 of that Act will also cease to apply at that point.

Article 3 also provides for the Secretary of State’s power to require accommodation under Section 93 of the Northern Ireland Act 1998 to be applicable only where the Department of Finance and Personnel has the power to comply with such a requirement.  This means that the Secretary of State will retain the power to require accommodation to be made available to him within buildings leased by the Department from the PFI provider.

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