HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971

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HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 31

1954 c.33

31.(1) This Act may be cited as the Historic Monuments Act (Northern Ireland)
1971.

(2) Commencement

1. References to the Ministry or to the authority shall be construed as
references to the Ministry within the meaning of this Act.

2. References to the said Schedule 5 shall be construed as references to that
Schedule as modified by this Schedule.

3. The expressions "land" and "estate" shall have the meanings respectively
assigned to them by section 45(1)(a) and (2) of the Interpretation Act
(Northern Ireland) 1954.

4. Paragraph 1 shall be omitted.

5. For paragraph 2, there shall be substituted the following

"2.(1) The Ministry, where it proposes to acquire land compulsorily for the
purpose of any of its functions under the Historic Monuments Act (Northern
Ireland) 1971, shall give public notice of its intention to do so.

(2) Any such notice as aforesaid

(a)shall state clearly the nature of the proposal and shall specify the land
to which the proposal relates;

(b)shall state the time (not being less than twenty-one days from the last
publication of the notice) within which objections to the proposal may be
presented to the Ministry; and

(c)shall be published in two successive weeks in one or more than one
newspaper circulating in the locality in which the land is situate;

6. In paragraph 3

(a)in sub-paragraph (1), the words ", where the authority is a local
authority," shall be omitted; and for the words "(if it appears to the
Ministry necessary so to do)" there shall be substituted the words "(unless
objections have not been received, or any objections received have been met or
withdrawn or relate solely to the amount of compensation, or are objections
which the Ministry is satisfied are solely of a frivolous or vexatious
nature)"; and

(b)in sub-paragraph (2), the words from ", and, in particular" to the end
thereof shall be omitted.

7. In paragraph 4

(a)in sub-paragraph (b), the two references to the said Act of 1948 shall be
construed as references to this Act; and

(b)for sub-paragraph (d), there shall be substituted the following

"(d)as soon as may be after a vesting order has become operative, the Ministry
shall serve on every person appearing to it to have an estate in the land, the
subject of the vesting order, either a copy of the vesting order or a notice
stating that the vesting order has become operative and naming a place where a
copy of the vesting order and of any map or plan referred to therein may be
seen at all reasonable hours and may be obtained free of charge upon written
request made by or on behalf of any person having an estate in the land vested
thereby.".

8. In paragraph 5

(a)in the first sub-paragraph

(i)for the words "an estate in fee simple in the land to which it relates"
there shall be substituted the words "such estate in, to or over the land to
which it relates as is specified therein"; and

(ii)the words from the beginning of head (a) to the words "is the Ministry,"
in head (b), the words ", as the context requires," and the words from "or any
other" to the end of the sub-paragraph shall be omitted; and

(b)in the second sub-paragraph, for the words from "Local Registration" to the
end thereof there shall be substituted the words "Land Registration Act
(Northern Ireland) 1970, the date of vesting shall, notwithstanding anything
in the foregoing provisions of this paragraph, be either the date on which the
vesting order becomes operative or the date of the lodgment of the vesting
order with the Registrar under the said Act, whichever is the later.".

9. In paragraph 10, the words from the beginning of head (a) to the words "is
the Ministry," in head (b) shall be omitted.

1. Before making a protection order in relation to any monument, the Ministry
shall

(a)publish a draft of the proposed order in the Belfast Gazette;

(b)send a copy of the draft of the proposed order to [the Department of the
Environment];

(c)publish, in two successive weeks in one or more newspapers circulating in
the locality where the monument is situate, a notice stating that the order is
proposed to be made and the effect of the order and specifying the time (not
being less than twenty-eight days from the first publication of the notice in
such a newspaper) within which, and the manner in which, objections to the
proposed order can be made;

(d)serve on the occupier of the monument and the owner (if the owner is known)
a copy of the draft of the proposed order, together with a notice stating the
effect thereof and specifying the time (not being less than twenty-eight days
from the service of the notice) within which, and the manner in which,
objections to the proposed order can be made;

(e)cause a copy of the draft of the proposed order to be fixed on some
conspicuous part of the monument or, if that is not reasonably practicable, on
some conspicuous place in the vicinity of the monument.

2.(1) If an objection is not duly made by the occupier or owner of the
monument or any other person appearing to the Ministry to have an estate in
the monument, or if all objections so made are withdrawn, the Ministry may
make the order either in the terms of the draft or with modifications thereof.

(2) If any objection duly made as aforesaid is not withdrawn, the Ministry
shall, before making the order, either cause a local inquiry to be held or
afford to any person by whom any objection has been duly made as aforesaid and
not withdrawn an opportunity of appearing before and being heard by a person
appointed by the Ministry for the purpose, and, after considering the
objection and the report of the person who held the inquiry or the person
appointed as aforesaid, may make the order either in the terms of the draft or
with modifications thereof.

(3) If any person by whom an objection has been made avails himself of the
opportunity of being heard, the Ministry shall afford to [the Department of
the Environment], and to any other person to whom it appears to the Ministry
expedient to afford it, an opportunity of being heard on the same occasion.

3.(1) Where the Ministry makes a protection order and an objection is duly
made by the occupier or owner of the monument or any person appearing to
the Ministry to have an estate in the monument, the order shall be subject to
affirmative resolution, but otherwise it shall be subject to negative
resolution.

(2) As soon as may be after the order has been made, the Ministry shall
publish in the Belfast Gazette and in one or more newspapers circulating in
the locality in which the monument is situate a notice stating that the order
has been made and the effect thereof, and whether it is subject to affirmative
or negative resolution, and shall serve a like notice and a copy of the order
on every person on whom a copy of the draft order was required to be served
under paragraph 1 and on any other person appearing to the Ministry to have an
estate in the monument who duly made an objection which has not been
withdrawn, and, unless a later date is specified in the order, the order

(a)if it is subject to negative resolution, shall come into operation on the
date on which the notice was first published under this sub-paragraph;

(b)if it is subject to affirmative resolution, shall come into operation if
and when the order is affirmed by a resolution of each House of Parliament.

(3) The Ministry shall, as soon as may be after the order has been made, cause
a copy of the order to be fixed on some conspicuous part of the monument or,
if that is not reasonably practicable, on some conspicuous place in the
vicinity of the monument.

4.(1) If any person aggrieved by a protection order desires to question the
validity thereof on the ground that any requirement of this Act has not been
complied with in relation to the order, he may, within six weeks from the date
on which the order comes into operation, make an application to a judge of the
High Court, and, on any such application, the judge, if satisfied that the
interests of the applicant have been substantially prejudiced by failure to
comply with any such requirement, may quash the order or any provision
contained therein.

(2) Subject to the provisions of sub-paragraph (1), a protection order shall
not, either before or after it has been made, be questioned in any legal
proceedings whatsoever, and any determination of a judge under that
sub-paragraph shall be final.

Para.5 rep. by SR 1976/110

Sections 9(1) & 16(1)(e).
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Northern Irish Legislation

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 31
