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CANALS AND INLAND NAVIGATION ACT (NORTHERN IRELAND) 1936 - SECT 2

Provisions with respect to provisional orders.

2.(1) The applicant for a provisional order under this Act shall give to such
persons, at such times, and in such manner as the Ministry may prescribe,
notice of the application for, and the purport of, the proposed order, and of
the time (which shall not be less than one month from the date of the notice)
within which objections to the proposed order may be made to the Ministry.

(2) Before making any such provisional order the Ministry shall consider any
objections made thereto by or on behalf of any person affected thereby which
are received by the Ministry within the required time, and may, if the
Ministry considers it necessary or desirable, hold a public inquiry. In any
case where a public inquiry has been held the Ministry, before making a
provisional order, shall consider the report of the person who held the
inquiry and all objections made thereat. The provisions set out in the
Schedule to this Act shall apply in relation to any such inquiry.

(3) Where it appears to the Ministry expedient and proper that the application
should be granted, with or without modification, or subject or not to any
restriction or condition, and that the requirements of this Act and of any
regulations made thereunder have been complied with, the Ministry may settle
and make a provisional order accordingly, and may submit such order to
Parliament for confirmation, but any such order shall be of no force or effect
unless and until it is confirmed by Parliament.

(4) If while the Bill confirming any such order is pending in either House of
Parliament, a petition is presented against any order comprised therein, the
Bill, so far as it relates to such order, may be referred to a Joint Committee
of both Houses, and the petitioner shall be allowed to appear and oppose as in
the case of private bills.

(5) The Ministry may revoke, either wholly or partially, any provisional order
made by the Ministry before it is confirmed by Parliament, but no such
revocation shall be made while the Bill confirming the order is pending in
either House of Parliament.

(6) Any Act confirming a provisional order made by the Ministry under this Act
may be repealed, altered or amended by a subsequent order made under this Act
and confirmed by Parliament.

(7) The making of a provisional order shall be prima facie evidence that all
the requirements of this Act and of any regulations made thereunder in respect
of proceedings required to be taken previously to the making of such order
have been complied with.

(8) The costs of and incidental to the application for, preparation, making
and confirmation of a provisional order, including the costs of the public
inquiry (if any), shall be paid by the applicant for the order, or in such
other manner as the Ministry may determine, and the Ministry may certify the
amount of the costs incurred; and any sum so certified and directed by the
Ministry to be paid by the applicant or any other person shall be a debt to
the Ministry from the applicant or that other person, as the case may be. The
Ministry may require the applicant to give security for costs before taking
any proceedings on the application.

© 1936 Crown Copyright

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