STORMONT REGULATION AND GOVERNMENT PROPERTY ACT (NORTHERN IRELAND) 1933 - SECT 5 Provisions as to taking and disposal of land for the public services.

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STORMONT REGULATION AND GOVERNMENT PROPERTY ACT (NORTHERN IRELAND) 1933 - SECT 5

Provisions as to taking and disposal of land for the public services.

5.(1) The Ministry of Finance may purchase by agreement or take on lease any
land, where the same is required for the purpose of any powers or duties of
the said Ministry or for the administration of any public service in Northern
Ireland.

(2) Subject to the provisions hereinafter contained in this section, the
Ministry of Finance may sell, exchange, lease or surrender on any terms any
land for the time being vested in that Ministry, and on any such exchange may
give or receive any money for equality of exchange; and that Ministry may sell
either by public auction or by private contract, and may make any
stipulations, as to title or otherwise, in any conditions of sale or contract
for sale or exchange.

(3) On any sale, exchange, lease or surrender, the Ministry of Finance may
stipulate for, create or reserve all such rights or easements as may be deemed
proper.

(4) With the consent of the Ministry of Finance, any other Ministry of
Northern Ireland may exercise, with respect to land for the time being vested
in such other Ministry for the purpose of its powers or duties, the like
powers as are conferred on the Ministry of Finance by sub-sections (2) and (3)
of this section.

(5) A sale, exchange, lease, or surrender of land under this section shall be
at the best price or for the best rent or otherwise on the best terms which,
in the opinion of the Ministry of Finance, can reasonably be obtained:

Provided that a nominal price or rent, or a price or rent or terms other than
the best that can reasonably be obtained, may be accepted by the Ministry of
Finance, or, with the consent of that Ministry, by any other Ministry, in a
case where

(i)the land is to be sold, leased, or otherwise transferred to a local
authority, or to a body or persons not trading for profit and authorised by or
under any enactment to carry on a public undertaking; and

(ii)the Ministry of Finance is satisfied that such sale, lease or transfer
will result in the development, improvement or general benefit of any land
held by a Ministry of Northern Ireland.

(6) .... any moneys received by a Ministry in respect of any transaction
carried out by such Ministry in the exercise of any power conferred upon it by
this section shall be paid to the Exchequer of Northern Ireland....

(7) The provisions of this section shall not have effect

(a)so as to enable the hereditaments described in the Schedule to this Act to
be sold, exchanged, leased or surrendered;

(b)so as to affect the power of any Ministry of Northern Ireland to purchase,
take on lease, sell, exchange, lease or surrender any land for the purposes of
any instrument under which such Ministry acts as trustee;

(c)so as to apply to the purchase, taking on lease, sale, exchange, lease or
surrender of land by a Ministry of Northern Ireland in any case where power in
that behalf is conferred on such Ministry by any enactments other than this
section.

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Northern Irish Legislation

STORMONT REGULATION AND GOVERNMENT PROPERTY ACT (NORTHERN IRELAND) 1933 - SECT 5