Harbours Act (Northern Ireland) 1970

Section 26.

SCHEDULE 4 N.I. MODIFICATIONS OF SECTION 22(2) OF AND SCHEDULE 2 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1934 FOR THE PURPOSES OF SECTION 26

1 N.I. References to a vesting order made under section 22 of the Local Government Act (Northern Ireland) 1934 [1934 c.22] or to the powers conferred by that section shall be construed as references to a vesting order made under, or the powers conferred by, section 26, respectively.

2 N.I. References to the Ministry of Development or to a local authority shall be construed as references to the Ministry of Commerce or a harbour authority respectively.

3 N.I. Subject to paragraph 1, the references to section 22 of, or Schedule 2 to, that Act shall be construed as references respectively to that section or Schedule as applied by section 26 and modified by this Schedule.

4 N.I. In paragraph 27 of that Schedule, the reference to the area of a local authority shall be construed as a reference to the locality where the land is situated.

5 (1) In paragraph 28 of that Schedule, for the definition of “land” there shall be substituted the definition contained in section 45(1)( a) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] . N.I.

(2) In that Schedule “estate” shall have the meaning assigned by section 45(2) of the said Act of 1954.

6 N.I. Where an application is made to the Ministry for a vesting order in respect of a lesser estate than a fee simple or the Ministry makes such an order, section 22(2) of and Schedule 2 to the said Act of 1934 shall have effect with such modifications as may be necessary to enable that estate to be acquired by means of the vesting order and to enable compensation in respect thereof to be duly paid or discharged and shall have effect as if for the first paragraph of paragraph 6 of that Schedule there were substituted the following:—

“6 A vesting order shall operate, without further assurance, to vest in the harbour authority, as from the date on which the vesting order becomes operative (in this Schedule referred to as “the date of vesting” ) all such estates in, to or over the land to which the order relates as are specified in the order, freed and discharged from all the estates of any other person whomsoever therein except as is specified in the order, and the rights and claims of any such other person in respect of the estate so vested, shall as from the date of vesting, be transferred and attached to the extent to which compensation may be payable in accordance with this Schedule to the rate or funds of the harbour authority out of which the expenses of the authority in acquiring the land are to be defrayed (in this Schedule referred to as “the compensation fund” ) and shall be discharged by payments made out of the compensation fund.”.