Requisitioned Land and War Works Act 1945

61 Application to Northern Ireland.

(1) This Act shall apply to Northern Ireland subject to the modifications set out in this section.

(2) Parts III and V shall not apply.

(3) In section two, for subsection (4) the following subsection shall be substituted:—

“(4) The provisions of sections two hundred and nine, two hundred and ten, two hundred and twelve and two hundred and thirteen of the [41 & 42 Vict. c. 52.] Public Health (Ireland) Act, 1878; shall apply to any such local inquiry as they apply to a local inquiry held under the said section two hundred and nine, but as if for references to the Ministry of Health and Local Government for Northern Ireland there were substituted references to the Commission.

The costs in relation to such inquiry, including the " salary of any officer engaged in such inquiry, not exceeding five guineas a day, shall be paid by the parties concerned in such inquiry, or by such of them and in such proportions as the Commission may direct, and the Commission may certify the amount of the costs incurred, and any sum so certified and directed by the Commission to be paid by any such party shall be a debt to the Crown from such party”.

(4) For any reference to registered land within the meaning of the Land Registration Act, 1925, there shall be substituted a reference to registered land to which the [54 & 55 Vict. c. 66.] Local Registration of Title (Ireland) Act, 1891, applies, and for any reference to the Acquisition of Land (Assessment of Compensation) Act, 1919, there shall be substituted a reference to that Act as amended by any Act of the Parliament of Northern Ireland.

(5) In subsection (1) of section ten, for the reference to the Reference Committee there shall be substituted a reference to the Reference Committee for Northern Ireland, and for the reference to the Arbitration Acts, 1889 to 1934, there shall be substituted a reference to the Arbitration Act (Northern Ireland), 1937.

(6) In subsection (3) of section thirty-six, for the reference to the London Gazette there shall be substituted a reference to the Belfast Gazette.

(7) For section thirty-seven the following section shall be substituted—

“(1) If, in the opinion of the Minister, he will be unable, or unable without undue delay, to acquire any such easement or right as aforesaid by agreement, he may, at any time after two months from the service of the notice to treat, execute a deed poll conferring on himself, and, except so far as otherwise expressed, his successors in title, the easement or right in question.

(2) A deed poll so executed shall have the like effect as a deed of grant or covenant entered into with the Minister by all necessary parties.

(3) Where any of the land adversely affected by the easement or right, is registered land to which the Local Registration .of Title (Ireland) Act, 1891, applies, the easement or right may, notwithstanding anything in the said Act or rules made thereunder, be registered as a burden affecting the land and created after the first registration thereof, and may be so registered without the concurrence of the registered owner of the land or the production of the land certificate, without prejudice, however, to the power of the registering authority to order the production of the land certificate under subsection (2) of section eighty-one of the said Act.

(4) A statement in a deed poll executed under this section that the requirements of subsection (3) of the last preceding section have been complied with shall, except for the purposes of proceedings commenced not later than two years after the execution thereof, be conclusive evidence that those requirements have been complied with.

(5) Where the Minister executes a deed poll under this section, he shall give notice of the effect thereof in such manner as is, in his opinion, best adapted for informing persons affected”.

(8) For any reference to the Minister of Agriculture and Fisheries or to the Minister of Town and Country Planning there shall be substituted a reference to the Secretary of State.

(9) For any reference to a justices' licence for the sale of intoxicating liquor granted in accordance with the Licensing (Consolidation) Act, 1910, there shall be substituted a reference to a licence for the sale of intoxicating liquor taken out under Part II of the [10 Edw. 7. & 1 Geo. 5. c. 8.] Finance (1909-1910) Act, 1910, and for any reference to section ten of the Finance Act, 1942, there shall be substituted a reference to section three of the Finance Act (Northern Ireland), 1936, as extended by section two of the Finance Act (Northern Ireland), 1942.

(10) References to land subject to be enclosed under the Inclosure Acts, 1845 to 1882, to fuel or field garden allotments and to drainage boards shall be omitted.

(11) For any reference to the Town and Country Planning (Interim Development) Act, 1943, there shall be substituted a reference to the Planning (Interim Development) Act (Northern Ireland), 1944.