3. In its application to the Body by virtue of a relevant transfer, section 5 of the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955 shall have effect as if for subsections (2) and (3) there were substituted—N.I.
“(2) Where Waterways Ireland (“the Body”) desires to acquire, otherwise than by agreement, any land or any such right or interest as is referred to in subsection (1)(c), it may apply to the Department for an order (“a vesting order”) vesting such land in the Body; and the Department shall have power to make such an order.
(3) Schedule 6 to the Local Government Act (Northern Ireland) 1972(1) shall apply for the purposes of the acquisition of land, rights or interests by means of a vesting order under this section as it applies for the purposes of the acquisition of land by means of a vesting order under that Act, subject to the following modifications—
(a)for any reference to the council there shall be substituted a reference to the Body;
(b)for any reference to the Ministry concerned there shall be substituted a reference to the Department;
(c)for any reference to that Act there shall be substituted a reference to this Order;
(d)in paragraph 6(2) for the words from “the fund” onwards there shall be substituted the words “funds of the Body (in this Schedule referred to as “the compensation fund”), and shall be discharged by payments made by that Body”; and
(e)in paragraph 12(2) for “the clerk of the council” there shall be substituted “the chief executive of the Body”.”
Commencement Information
I1Sch. 4 para. 3 in force at 2.12.1999, see art. 1(2)