LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968

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LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968 - SECT 1



1.(1) [The Ministry of Development, or], with the approval of the Ministry,
[the Northern Ireland Housing Executive,] may, for the purpose of re-settling
relevant undertakings

(a)by agreement acquire or take on lease any land or acquire land
compulsorily;

(b)appropriate any land vested in [it];

(c)develop any such land as is referred to in paragraph (a) or (b), whether by
the erection or extension of buildings, the carrying out of works, the
provision or facilitation of the provision of means of access, services or
other facilities, or otherwise;

(d)enter into an agreement with any person for the development, in any manner
described in paragraph (c), of any such land as is referred to in paragraph
(a) or (b).

(2) The Ministry shall not give any approval for the purposes of subsection
(1) unless it is satisfied that the land being acquired or taken on lease will
be used wholly or mainly for the purposes of relevant undertakings.

(3) A local authority may

Para.(a) rep. by SRO (NI) 1973/285

(b)dispose of any land acquired or taken on lease under subsection (1).

(4) Where [the Ministry of Development or the Northern Ireland Housing
Executive] desire to acquire any land, otherwise than by agreement, under this
section [(i) the Ministry of Development may make an order, or (ii) the
Northern Ireland Housing Executive] may apply to the Ministry for an order
vesting in [it] the fee simple or any lesser estate in that land, and

(a)the Ministry may make the vesting order in respect of the whole of the land
or any part of it;

(b)on an application for an order vesting the fee simple in the land, the
Ministry may make an order vesting in the [Northern Ireland Housing Executive]
such lesser estate in the land or in any portion thereof as may be specified
in the order.

[(5) Section 22(2) and the Schedule to the Local Government Act (Northern
Ireland) 1934 shall have effect for the purposes of a vesting order made under
subsection (4) subject to:

(a)the modifications specified in Schedule 1; and

(b)such modifications as make that section and Schedule applicable to the
acquisition of land by the Ministry or the Northern Ireland Housing
Executive.]

(6) For the purposes of this section and of the application, by subsection
(5), of the enactments mentioned in that subsection, the interest of a grantee
under a fee farm grant shall be deemed to be a lesser estate than a fee
simple.

(7) The Ministry shall not make a vesting order under subsection (4) in
respect of

(a)any land of an undertaking which is in use for the purposes of the
undertaking, being one which provides employment which is substantial having
regard to the extent of the land and the nature of the undertaking; or

(b)any land owned or occupied by or on behalf of the Northern Ireland Housing
Trust, a [district council] or a public utility undertaking.

(8) In this section

Definitions rep. by SRO (NI) 1973/285

"public utility undertaking" includes any body corporate carrying on a gas,
water, electricity, public transport or harbour undertaking, and any
undertaking for providing or improving drainage;

"relevant scheme" means a re-development or slum clearance scheme made under
the Housing Acts (Northern Ireland) 1890 to 1967;

"relevant undertaking" means an undertaking which is being carried on on land
which is being or has been acquired by [the Ministry of Development for the
purposes of any road works or by the Northern Ireland Housing Executive for
the purposes of a relevant scheme];

"road works" means any works executed, or proposed to be executed, by or on
behalf of a road authority;

"undertaking" means any trade or business or other activity providing
employment.

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Northern Irish Legislation

LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968 - SECT 1