[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 - SECT 1

1. Section forty-five of the Railway and Canal Traffic Act, 1888 (in this Act
referred to as "the principal enactment") shall, in its application to the
abandonment of unnecessary canals in Northern Ireland, have effect subject to
the following amendments:

(a)A warrant of abandonment shall not be granted unless the proprietors of the
canal have given security, to such amount and in such manner as the Ministry
of Commerce may require, for the making of compensation to all persons who may
be determined under this Act to be entitled to compensation by reason of the
abandonment of the canal;

(b)An order of the Ministry of Commerce under sub-section (1) of the principal
enactment (in this Act referred to as "an order of release") may make
provision for all or any of the following matters, in addition to the matters
mentioned in the said sub-section:

(i)For releasing the canal, or any land held by the proprietors thereof
(whether in connection with the canal undertaking or not), from any statutory
or other liability to forfeiture or reverter or other similar liability
attaching thereto as against the proprietors in consequence of the abandonment
of the canal;

(ii)For vesting, with the consent of the proprietors and of the person, body
or department in whom it is proposed to vest, the canal or any part thereof,
or any land held by the proprietors in connection therewith, in such person,
body of persons, or government department and upon such conditions, as may be
specified in the order of release;

<(iii)For any other matters which may appear to the Ministry of Commerce to be necessary or proper for carrying the order of release into effect;


(c)An order of release shall not be made unless the provisions of this Act as
to the assessment of compensation have been complied with, and any
compensation awarded under those provisions has been made to the persons
entitled thereto or, if any such person dies, refuses to accept the
compensation to which he is entitled, or cannot be ascertained, or any other
like difficulty arises, has been paid or transferred to the Ministry of
Commerce to be held on behalf of such person or his representatives in
accordance with regulations to be made under sub-section (8) of the principal
enactment.

Para.(d) rep. by SLR (NI) 1953

(e)In the principal enactment and in this Act references to a canal, in the
case of a canal which is not wholly situate in Northern Ireland, shall be
construed as referring to so much of the canal as is so situate.

© 1930 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/ractai1930441/s1.html