Requisitioned Land and War Works Act 1945

61 Application to Northern Ireland. U.K.

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

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4) For any reference to registered land within the meaning of the M1 Land Registration Act, 1925, there shall be substituted a reference to registered land to which the M2 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(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 [F2 (other than the reference in Part III of this Act)]or to the Minister of Town and Country Planning there shall be substituted a reference to the Secretary of State.

(9) . . . F3

(10) References to land subject to be enclosed under the Inclosure Acts, 1845 to 1882, to fuel or field garden allotments F4 . . . shall be omitted.

(11) . . . F3

Textual Amendments

F1 Ss. 1–14, 26, 27, 28(2)(3)(b), 29–31, 35, 51, 56, 60(5)–(8)(13) and 61(2)(3)(5) repealed by Statute Law (Repeals) Act 1971 (c. 52)

F2 Words inserted by Northern Ireland Act 1947 (c. 37), s. 12(1)(b)

F3 S. 61(9)(11) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F4 Words in s. 61(10) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XIII.

Marginal Citations

M1 1925 c. 21.

M2 1891 c. 66.