NEW TOWNS ACT (NORTHERN IRELAND) 1965

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NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 49

Short title.

49. This Act may be cited as the New Towns Act (Northern Ireland) 1965.

1. Where the Minister proposes to make an order under section 1, he shall with
the concurrence of the Minister of Finance prepare a draft of the order

(a)describing the area to be designated as the site of the proposed new town
by reference to a map, either with or without descriptive matter (which, in
the case of any discrepancy with the map, shall prevail except in so far as
may otherwise be provided by the draft order); and

(b)distinguishing any portion of that area as land that the Ministry proposes
to acquire for the purposes of this Act.

2. There shall be attached to every draft order prepared under paragraph 1 a
statement indicating the size and general character of the proposed new town.

3. When a draft order has been prepared under paragraph 1, the Minister shall,
before making the order,

(a)cause a copy of the draft order and of the statement referred to in
paragraph 2 to be laid before Parliament;

(b)deposit with the Clerk of the Parliaments a copy of any map prepared in
pursuance of paragraph 1(a);

(c)publish in the Belfast Gazette, and in one or more than one newspaper
circulating in the locality in which the proposed new town will be situated, a
notice

(i)describing the area to be designated as the site of the new town;

(ii)describing any portion of that area distinguished under paragraph 1(b);

<(iii)stating that the draft of an order under section 1 has been prepared by the Minister in relation thereto, and has been laid before Parliament;


<(iv)naming a place or places (including a place in the area referred to in head (i)) where a copy of the draft order (including any map or descriptive matter annexed thereto) and of the statement referred to in paragraph 2 may be inspected at all reasonable hours; and


(d)not later than the date on which the notice is published in the Belfast
Gazette, serve a like notice on

(i)[the district council for each] district in which the land, or any part of
the land, to which the order relates is situated; and

(ii)any other [district council] that appears to the Minister to be concerned
with the order.

4. As soon as may be after an order has been made under section 1,
the Minister shall

(a)publish in the Belfast Gazette and in one or more than one newspaper
circulating in the locality in which the proposed new town will be situated a
notice

(i)stating that the order has been made, and

(ii)naming a place or places (including a place in the area referred to in
paragraph 3(c)(i)) where a copy of the order may be inspected at all
reasonable hours; and

(b)serve a like notice on any [district council] on whom notice of the
proposed order was served under paragraph 3(d).

Para.5 rep. by 1968 c.33 (NI) s.1 sch.

1. Where the Ministry proposes to make a municipal functions order it shall
prepare a draft of the order, and shall, before making the order

(a)cause a copy of the draft order to be laid before Parliament; and

(b)publish and serve, in like manner as is provided by paragraph 3(c) and (d)
of Part I with respect to an order proposed to be made by the Minister under
section 1, a notice

(i)describing the area in relation to which it is proposed to direct that the
new town commission shall exercise municipal functions;

(ii)stating that the draft of a municipal functions order has been prepared by
the Ministry in relation thereto, and has been laid before Parliament; and

<(iii)naming a place or places (including a place in the area referred to in head (i)) where a copy of the draft order may be inspected at all reasonable hours.


2. As soon as may be after a municipal functions order has been made
the Ministry shall publish and serve notice thereof in like manner as is
provided by paragraph 4 of Part I with respect to an order made by
the Minister under section 1.

3. For the purposes of this Part

(a)paragraphs 3(c) and 4(a) of Part I shall have effect as if for the
references therein to the locality in which the proposed new town will be
situated, and for the reference in head (ii) of the said paragraph 4(a) to the
area referred to in head (i) of the said paragraph 3(c), there were
substituted references to the area referred to in paragraph 1(b)(i); and

(b)paragraph 4(b) of Part I shall have effect as if the reference therein to
paragraph 3(d) of Part I were a reference to that paragraph as applied by
paragraph 1(b).

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 subsections (1)(a) and (2) of section 45 of the
Interpretation Act (Northern Ireland) 1954.

4. Paragraph 1 shall be omitted.

5. In paragraph 2

(a)sub-paragraph (1) shall be omitted;

(b)in sub-paragraph (2), the reference to the said Act of 1948 shall be
construed as a reference to this Act; and

(c)in sub-paragraph (3), in head (c), after the word "served" there shall be
inserted the words "by post".

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 no
objections have been received, or any objections received have been met or
withdrawn or relate solely to any matter which is excluded from consideration
in an inquiry by virtue of section 4(4) of the New Towns Act (Northern
Ireland) 1965)."

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

7. In paragraph 4(b), the two references to the said Act of 1948 shall be
construed as references to this Act.

8. In paragraph 5

(a)in the first sub-paragraph, 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 "be the date" to the end,
there shall be substituted the words "be either the date on which the vesting
order becomes operative or the date of the lodgment of the vesting order with
the registering authority 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.

10. For the purposes of a vesting order in respect of an estate in land, being
an estate less than a fee simple, the said Schedule 5 shall have effect with
such modifications as may be necessary to enable such an estate to be acquired
by means of the vesting order and to enable compensation in respect thereof to
be duly paid or discharged and (without prejudice to the generality of the
foregoing provisions) shall have effect as if for the first sub-paragraph of
paragraph 5 there were substituted the following sub-paragraph

"A vesting order shall operate, without further assurance, to vest in the
Ministry, as from the date on which the vesting order becomes operative (in
this Schedule referred to as " the date of vesting"), all such estates in, to
or over the land to which the order relates as are specified in the order,
freed and discharged from all the estates of any other person whomsoever
therein save only as may be expressly excepted in the order, and the rights
and claims of any such other person in respect of an estate so vested shall,
as from the date of vesting, be transferred and attached, to the extent to
which compensation may be payable in accordance with the provisions of this
Schedule, to the Consolidated Fund (in this Schedule referred to as "
the compensation fund") and shall be discharged by payments made by the
Ministry.";

Schedule 3 rep. by 1971 c.23 (NI) s.31 sch.; 1972 NI 17 art.110(2) sch.7

1. A new town commission (in this Schedule referred to as "the commission")
shall be a body corporate by the name specified in the order establishing
the commission.

2. Section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply to
the commission, but not so as to enable the commission either to acquire any
land otherwise than in accordance with the provisions of section 15 [or to
dispose of any land otherwise than in accordance with the provisions of
section 16].

3. The commission shall consist of not more than nine or less than five
members appointed by the Minister, and, subject to paragraphs 5 and 6, they
shall hold office for such period as the Minister may determine.

4. The Minister shall appoint one of the members of the commission to be
Chairman of the commission, and may appoint a further member to be
Vice-Chairman of the commission.

5. A member of the commission, the Chairman or Vice-Chairman may, by notice in
writing under his hand given to the Minister, resign either his office as
member, Chairman or Vice-Chairman or his offices as member and Chairman or
member and Vice-Chairman.

6. Where the Minister is satisfied that a member of the commission

(a)has been adjudged bankrupt or made a composition or arrangement with his
creditors; or

(b)is incapacitated by physical or mental illness; or

(c)has been absent from meetings of the commission for a period longer than
two consecutive months without the permission of the commission; or

(d)is otherwise unable or unfit to discharge the functions of a member or is
unsuitable to continue as a member,

7. If the Chairman or Vice-Chairman ceases to be a member of the commission he
shall also cease to be Chairman, or as the case may be, Vice-Chairman.

8. A person who ceases to be a member of the commission or to be Chairman or
Vice-Chairman shall be eligible for re-appointment.

9. The commission shall pay to persons holding the office of Chairman,
Vice-Chairman or member of the commission such remuneration, if any, in
respect of any such office and such allowances in respect of expenses properly
incurred in the performance of their duties as may be determined by
the Ministry with the approval of the Ministry of Finance.

10. The Ministry may give directions to the commission as to their quorum and
proceedings, and the right of the commission under section 19(1)(a)(v) of the
Interpretation Act (Northern Ireland) 1954 to regulate their own procedure and
business shall be exercised in accordance with such directions, if any.

11. The validity of the proceedings of the commission shall not be affected by
any vacancy among their members or by any defect in the appointment of any of
their members.

12. The commission

(a)shall, with the approval of the Ministry, appoint a general manager on such
conditions as to remuneration or otherwise as the Ministry with the approval
of the Ministry of Finance may determine; and

(b)may with the approval of the Ministry appoint such other principal officers
as the commission may determine, on such conditions as to remuneration or
otherwise as the Ministry may direct; and

(c)may, in accordance with any authorisation which the Ministry may give in
writing, appoint such other officers and servants as the commission think fit.

13. The fixing of the seal of the commission shall be authenticated by the
signature of

(a)the Chairman; or

(b)another member authorised either generally or specially by the commission
to act for that purpose; or

(c)the general manager if authorised either generally or specially by
the commission to act for that purpose.

14. Any contract or instrument which if made or executed by a person not being
a body corporate would not be required to be under seal may, if the subject
matter thereof does not exceed [[six thousand pounds in value] or such larger
value as the Department may by order made subject to negative resolution
determine], be made or executed on behalf of the commission by any person
generally or specially authorised by them to act for that purpose.

1. References to a vesting order made under section 22 of the Local Government
Act (Northern Ireland) 1934 or to the powers conferred by that section shall
be construed as references, as the case may be, to a vesting order made under,
or the powers conferred by, section 15.

2. References to the local authority shall be construed as references to the
new town commission.

3. References to the Ministry within the meaning of that Act shall be
construed as references to the Ministry within the meaning of this Act.

4. Subject to paragraph 1, references to the said section 22 or to Schedule 2
to the said Act of 1934 shall be construed as references to that section or,
as the case may be, that Schedule as applied and modified by this Schedule.

5. In the first paragraph of article 6 of the said Schedule 2, the reference
to the rate or fund out of which the expenses of the local authority in
acquiring the land are to be defrayed shall be construed as a reference to
such fund of the new town commission as the Ministry may designate as the fund
out of which the expenses of the new town commission in acquiring the land are
to be defrayed.

6. In article 11(1) of that Schedule, the reference to the clerk of the local
authority shall be construed as a reference to the general manager of the
new town commission.

7. In article 27 of that Schedule, the reference to the area of the local
authority shall be construed as a reference to the locality where the land is
situated.

8. In article 28 of that Schedule, for the definition of "land" there shall be
substituted the definition contained in section 45(1)(a) of the Interpretation
Act (Northern Ireland) 1954.

9. In that Schedule, "estate" shall have the meaning assigned to it by
section 45(2) of the Interpretation Act (Northern Ireland) 1954.

10. Where under subsection (3) of section 15 an application is made to
the Ministry for a vesting order in respect of an estate in land, being an
estate less than a fee simple, or where under paragraph (b) of that subsection
the Ministry makes such an order, the provisions of the said section 22(2) and
Schedule 2 shall have effect with such modifications as may be necessary to
enable that estate to be acquired by means of the vesting order and to enable
compensation in respect thereof to be duly paid or discharged and (without
prejudice to the generality of the foregoing provisions) shall have effect as
if for the first paragraph of article 6 of the said Schedule 2 there were
substituted the following paragraph

"A vesting order shall operate, without further assurance, to vest in the new
town commission, as from the date on which the vesting order becomes operative
(in this Schedule referred to as " the date of vesting"), all such estates in,
to or over the land to which the vesting order relates as are specified in the
vesting order, freed and discharged from all the estates of any other person
whomsoever therein save only as may be expressly excepted in the vesting
order, and the rights and claims of any such other person in respect of the
estate so vested shall, as from the date of vesting, be transferred and
attached, to the extent to which compensation may be payable in accordance
with the provisions of this Schedule, to such fund of the new town commission
as the Ministry may designate as the fund out of which the expenses of the new
town commission in acquiring the land are to be defrayed (in this Schedule
referred to as " the Compensation Fund"), and shall be discharged by payments
made out of the Compensation Fund.".

1. In this Schedule

"the date of transfer" means, in relation to any functions, the date on which
those functions cease to be exercisable, or become exercisable or are
transferred as respectively described in paragraphs (a), (b) and (c) of
section 34(1);

"the order" means the municipal functions order or, as the case may be,
the order under section 33, by virtue of which the functions cease to be
exercisable by the transferor and become exercisable by the transferee;

"the transfer" means, in relation to any functions, the distribution of those
functions as described in paragraph (a), (b) or (c) of section 34(1);

"the transferor" means the council [, the body corporate] or
new town commission whose functions are transferred by virtue of the order;

"the transferee" means the new town commission or council or other person to
whom functions are transferred by virtue of the order.

2. In the construction and for the purposes of any transferred provision
passed before the date of transfer, any reference to, or which is to be
construed as a reference to, the transferor, shall, so far only as may be
necessary for the purpose or in consequence of the transfer, be construed as a
reference to the transferee.

3.(1) All property, whether real or personal (including choses-in-action),
which immediately before the date of transfer was vested in or belonged to or
was held in trust for the transferor and all rights, powers and privileges
relating to or connected with any such property shall on the date of transfer,
without any conveyance or assignment, become and be vested in or the property
of or held in trust for (as the case may require) the transferee for all the
estate, term or interest for which the same immediately before the date of
transfer was vested in or belonged to or was held in trust for the transferor,
but subject to all trusts and equities affecting the same and then subsisting
and capable of being performed.

(2) All property transferred by this paragraph which, immediately before the
date of transfer, was either standing in the books of any corporation or
company or was entered in any register kept in pursuance of any
transferred provision in the name of the transferor, shall, upon the request
of the transferee made at any time after the date of transfer, be transferred
in such books by such corporation or company or, as the case may be, by the
person having charge of such register, into the name of the transferee.

(3) After the date of transfer, every chose-in-action transferred by this
paragraph from the transferor to the transferee may be sued upon, recovered or
enforced by the transferee in their own name and it shall not be necessary for
the transferee to give notice to the person bound by such chose-in-action of
the transfer effected by this paragraph.

4.(1) Every debt and other liability (including stock and mortgage debts and
also including unliquidated liabilities arising from torts or breaches of
contract) which immediately before the date of transfer was owing and unpaid
or had been or was deemed to have been incurred and was undischarged by
the transferor shall, on the date of transfer, become and be the debt or
liability of the transferee and shall be paid or discharged by and may be
recovered from or enforced against the transferee accordingly.

(2) The dissolution of the transferor shall not invalidate or affect any
paying order that was issued by the transferor and had not been presented for
payment before the date of transfer or any authority given by the transferor
for the payment of the amount of such paying order, and the transferee shall
make arrangements for the payment of the amount of every such paying order
upon due presentation within a reasonable time after the date of transfer.

5. Every bond, guarantee, or other security of a continuing character made or
given or deemed to have been made or given by the transferor to another person
or by any person to the transferor and in force immediately before the date of
transfer and every contract or agreement in writing made or deemed to have
been made between the transferor and another person and not fully executed and
completed before the date of transfer shall, notwithstanding the dissolution
of the transferor, continue in force after the date of transfer but shall be
construed and have effect as if the name of the transferee were substituted
therein for the name of the transferor, and such security, contract or
agreement shall be enforceable by or against the transferee accordingly.

6. Every byelaw, rule and regulation lawfully made or deemed to have been made
by the transferor and in force immediately before the date of transfer shall,
after the date of transfer and so far as it is not inconsistent with this Act
or any order or regulations made thereunder, continue in force and have effect
as a byelaw, rule or regulation (as the case may be) made on the date of
transfer by the transferee for the residue then unexpired of the period and in
respect of the area for and in respect of which the same was actually made or
was deemed to have been made by the transferor, and accordingly every such
byelaw, rule and regulation may be continued, varied or revoked, and penalties
and forfeitures arising thereunder before or after the date of transfer may be
recovered and enforced, by the transferee in the like manner and as fully as
the same could have been continued, varied, revoked, recovered or enforced by
the transferor if the order had not been made.

7. Every resolution passed or deemed to have been passed, order made or deemed
to have been made or notice served or deemed to have been served by
the transferor before the date of transfer, the operation, effect or term of
which had not ceased or expired before that date, shall, after the date of
transfer and so far as it is not inconsistent with this Act or any order made
thereunder, continue in force and have effect as if it were a resolution
passed, order made, or notice served by the transferee on the date on which
the same was actually or was deemed to have been passed, made or served, as
the case may be, by the transferor and as if the functions of the transferor
were, on the said date, performable by the transferee.

8. In every action, suit, prosecution or other proceeding which stood pending
immediately before the date of transfer in any court or tribunal and to which
the transferor was a party, the transferee shall on the date of transfer
become and be a party in the place of the transferor and such proceeding shall
be continued between the transferee and the other parties thereto accordingly,
and no such proceeding shall abate or be discontinued or prejudicially
affected by reason of the dissolution of the transferor.

9.(1) All rates which immediately before the date of transfer were due and
payable to the transferor shall on and after that date be due and payable to
and may be collected and recovered by or on behalf of the transferee in like
manner as they could have been collected or recovered by or on behalf of
the transferor if the transfer had not taken place.

(2) All rates which immediately before the date of transfer were accruing due
to the transferor shall on and after that date accrue and be deemed always to
have accrued due to the transferee, and when any such rate becomes due and
payable it shall be due and payable to, and may be collected and recovered by
or on behalf of the transferee in like manner as it could have been collected
or recovered by or on behalf of the transferor if the transfer had not taken
place.

(3) Every person who was employed by the transferor as rate collector
immediately before the date of transfer shall, on and after that date, unless
or until the transferee otherwise directs, collect and recover on behalf of
the transferee all rates which immediately before the date of transfer were
due and payable to, or were accruing due to the transferor and had been given
in charge to him for collection.

10.(1) All books and other documents directed or authorised by or under any
transferred provision to be kept by the transferor and which, immediately
before the date of transfer, would be receivable in evidence shall,
notwithstanding the dissolution of the transferor, be admitted in evidence
after the date of transfer as fully as if the order had not been made.

(2) Whenever an extract from or certificate of the contents of any book or
other document directed or authorised by or under any transferred provision to
be kept by the transferor would, if verified in a particular manner by a
particular officer of the transferor, have been admissible immediately before
the date of transfer as evidence of such contents, an extract from or
certificate of the contents of such book or document shall, if verified in
such particular manner by the officer of the transferee corresponding to such
particular officer, be admitted, after the date of transfer, as evidence of
such contents to the same extent as such first-mentioned extract or
certificate would have been so admitted if the order had not been made.

11.(1) The accounts of all receipts and payments of the transferor and of
committees thereof and of the respective officers of the transferor and such
committees up to the date of transfer shall, as soon as conveniently may be
after that date, be audited, and disallowances, surcharges, charges and
penalties in relation to such accounts, receipts and payments shall be made,
recovered and enforced in like manner as nearly as may be as if the order had
not been made.

(2) Every officer of the transferor or of any committee thereof whose duty it
is to make up any accounts of or to account for any portion of the receipts or
payments of the transferor and also every member of the transferor or of any
such committee shall, until the audit of the accounts of such receipts and
payments up to the date of transfer is complete, be deemed for the purposes of
such audit to continue in office and be bound to perform the same duties and
render the same account and be subject to the same liabilities as if the order
had not been made.
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Northern Irish Legislation

NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 49
