Local Government Act (Northern Ireland) 1972

97 Acquisition of land otherwise than by agreement. N.I.

(1) Where a council desires to acquire land otherwise than by agreement for any purpose for which it is authorised by a transferred provision so to acquire land, it may apply to the Ministry concerned for an order (in this Act referred to as a “vesting order” ) vesting the land in the council, and that Ministry may make a vesting order.

(2) The provisions of Schedule 6 shall apply with respect to the making and effect of vesting orders.

(3 )F1 The power to make a vesting order may be exercised over land—

(a) which is the property of any public body which has power under any transferred provision to acquire land compulsorily; or

(b) which is declared by or under any transferred provision to be inalienable;

but a vesting order shall not be made in relation to any such land, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, unless the proposal has been approved by a resolution of each House of Parliament.

(4) Nothing in this section shall authorise the acquisition, without the consent of the Minstry of FinanceF2 , of any land on or in which there is, to the knowledge of that Ministry, any historic monument or archaeological object.

(5) In subsection (4), “historic monument” and “archaeological object” have the same meanings as in[F3 the Historic Monuments and Archaelogical Objects (Northern Ireland) Order 1995].

F1 1981 NI 3; 1985 NI 1

F2 SR 1976/80

F3 1995 NI 9

Modifications etc. (not altering text)

C1 Ss. 95 - 98 applied by S.R 2004/49, art. 5 (as inserted (28.1.2008) by Local Government (Constituting a Joint Committee a Body Corporate) (Amendment) Order (Northern Ireland) 2007 (S.R. 2007/505), art. 2(5))

C2 Ss. 95-98 applied (20.8.2008) by Local Government (Constituting a Joint Committee a Body Corporate) Order (Northern Ireland) 2008 (S.R. 2008/310), art. 5