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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1934 - SECT 22

Vesting orders for compulsory acquisition of land.

22.Subs.(1) rep. by 1972 c.9 (NI) s.149(2) sch.9

[(2) The following provisions of this sub-section shall have effect with
respect to the validity of vesting orders made under this section and the date
on which such a vesting order is to come into operation, that is to say:

(a)So soon as may be after a vesting order has been made by the Ministry of
Home Affairs, the local authority shall publish in a newspaper circulating in
the locality in which the property is proposed to be acquired a notice in a
form prescribed by the said Ministry, stating that the vesting order has been
made 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 shall serve
a like notice on every person who, having given notice to the said Ministry of
his objection to the application for the vesting order, appeared at a local
inquiry in support of his objection;

(b)If any person aggrieved by a vesting order desires to question its validity
on the ground that it is not within the powers of this section, or that any
requirement of this section or of any order or regulation made thereunder has
not been complied with, he may within [three weeks] after the publication of
the notice of the making of the vesting order make an application for the
purpose to the High Court, and where any such application is duly made the
Court

(i)may by interim order suspend the operation of the vesting order either
generally or in so far as it affects any property of the applicant until the
final determination of the proceedings; and

(ii)if satisfied upon the hearing of the application that the vesting order is
not within the powers of this section, or that the interests of the applicant
have been substantially prejudiced by any requirement of this section or of
any order or regulation made thereunder not having been complied with, may
quash the vesting order either generally or in so far as it affects any
property of the applicant;

(c)Subject to the provisions of the last preceding paragraph, a vesting order
or the making of a vesting order shall not be questioned by prohibition or
certiorari or in any legal proceedings whatsoever and a vesting order shall
become operative at the expiration of [three weeks] from the date on which
notice of its making is published in accordance with the provisions of
paragraph (a) of this sub-section;

(d)So soon as may be after a vesting order has become operative, the local
authority shall serve... on every person on whom a notice was served by them
of their intention to apply to the Ministry of Home Affairs for the vesting
order [either a copy of the vesting order or a notice in a form prescribed by
the said Ministry 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 or interest in the lands vested thereby;]]

Para.(e) rep. by 1962 c.30 s.7(9) sch.1 Pt.I

Ss.22A 24 rep. by SLR (NI) 1952; 1972 c.9 (NI) s.149(2) sch.9. S.25 rep. with
saving by 1950 c.10 (NI) s.9 sch.3. Ss.26, 26A rep. by SLR (NI) 1952; SLR (NI)
1954; 1962 c.12 (NI) s.32 sch.; 1972 c.9 (NI) s.149(2) sch.9

Ss.2730 rep. by SLR (NI) 1953; 1959 c.25 (NI) s.154(3) sch.5; 1964 c.27 (NI)
s.43 sch.; 1969 c.13 (NI) s.42(1) sch.5; 1972 c.9 (NI) s.149(2) sch.9

© 1934 Crown Copyright

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