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LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 9

Regulation of proceedings, fees, etc.

9.(1) The Ministry, after consultation with the President of the Lands
Tribunal, may make rules for regulating proceedings before the Lands Tribunal
and the fees chargeable in respect of those proceedings, and such rules may in
particular make provision

(a)as to the time within which proceedings before the Tribunal are to be
instituted;

(b)as to the places where any such proceedings are to be heard;

(c)as to the evidence which may be required or admitted at any such
proceedings and as to the production of documents and the summoning and
examination of parties and witnesses;

(d)for the Tribunal to sit with assessors when dealing with cases calling for
special knowledge and for making payments to the assessors as part of the
expenses of the Tribunal;

(e)for requiring the Tribunal to state reasons for its decisions and generally
as to the form in which any decision of the Tribunal is to be given;

(f)as to the amendment of any such decision in pursuance of any direction
given by the Court of Appeal on any case stated under section 8(6);

(g)for the publication of decisions and awards of the Tribunal.

(2) All fees payable in respect of any proceedings before the Lands Tribunal
shall be payable in such manner as rules made under subsection (1) may
prescribe and shall be paid into the Exchequer.

(3) Where the Lands Tribunal acts as arbitrator, the provisions of the
Arbitration Act (Northern Ireland) 1937 shall apply only in so far as they are
applied by rules made under this section, so, however, that section 1 of that
Act shall always apply where the Lands Tribunal is, under section 6(6), acting
as arbitrator under a reference by consent.

(4) Subject to the provisions of this Part, any rules made by the Ministry
under the Acquisition of Land Act or by the Reference Committee under the
Finance (190910) Act 1910 which are in force immediately before the coming
into operation of this section shall, so far as they relate to matters with
respect to which there is power to make rules under this section, have effect
with any necessary modifications as if made in the exercise of that power and
may be altered or revoked by rules made under this section.

(5) Rules made under this section shall provide for preserving, so far as
appears to the Ministry to be practicable, the effect of things done before
the coming into operation of this section in or for the purpose of the
exercise of any jurisdiction transferred by this Act to the Lands Tribunal,
and those rules may exclude the operation of this Act, in whole or in part, in
relation to any proceedings pending at the coming into operation of this
section.

(6) Rules made under this section shall be subject to negative resolution.


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© 1964 Crown Copyright

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