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STREET TRADING (REGULATION) ACT (NORTHERN IRELAND) 1929 - SECT 10

Power of district council to acquire or extinguish market rights for purposes of Act.

10.(1) Where any rights, powers, or privileges are enjoyed by any person or
persons entitling him or them to hold, or take tolls in respect of, a market
in any street within the district (which rights, powers or privileges are in
this Act referred to as "market rights") the powers conferred upon the
[district council] by this Act shall not except in accordance with an
agreement made with such person or persons entitled as aforesaid be exercised
in relation to trading in such street, unless the [district council] first
acquire or extinguish such market rights; and the [district council] may, for
the purpose of enabling them to exercise the said powers make such agreement
as aforesaid or may purchase compulsorily or extinguish such market rights in
accordance with the following provisions of this section:

Provided that no resolution for the compulsory purchase or extinguishment of
market rights shall be passed by the [district council], except in compliance
with the like requirements as are applicable to meetings and resolutions of a
[district council] for the purposes of section one hundred and three of the
Public Health (Ireland) Act, 1878, and no such resolution shall have effect
unless approved by an order of the Ministry of Home Affairs.

(2) Where the [district council] resolve to purchase compulsorily or
extinguish market rights under this section, the resolution shall be submitted
to the Ministry of Home Affairs and notice thereof shall be published by the
[district council] in the prescribed manner, and such notice shall be given to
the persons in whom the market rights are for the time being vested, or to
such of the said persons as are known to the [district council], as may be
prescribed.

(3) On the expiration of one month after the publication of the resolution the
Ministry of Home Affairs, after considering all objections to the resolution
which may have been presented to the said Ministry by persons in whom the
market rights are vested, and after causing a local inquiry to be held (if the
said Ministry thinks it necessary to do so) as to the propriety of approving
of the resolution, may make an order approving of the resolution. Notice of
the making and effect of any such order shall be given by the [district
council] in the prescribed manner to such persons as may be prescribed.

If a local inquiry is held, the [district council] and the persons in whom the
market rights are vested, and such other persons as the person holding the
inquiry in his discretion thinks fit to allow, shall be permitted to appear
and be heard at the inquiry, and before making the order the Ministry of Home
Affairs shall consider the report of the person who held the inquiry and all
objections made thereat. Sub-sections (1) and (3) of article thirty-two of the
Schedule to the Local Government (Application of Enactments) Order, 1898, and
section six of the Local Government Act (Northern Ireland), 1923, shall apply
for the purposes of the holding of any local inquiry under this sub-section.

(4) As from a date to be specified in that behalf in any order made by the
Ministry of Home Affairs as aforesaid, the market rights shall, by virtue of
this section, be transferred to and vest in and be enjoyed by the [district
council], or be wholly extinguished (as the case may require).

(5) Upon the transfer or extinguishment of any market rights under this
section, any person in and by whom immediately before such transfer or
extinguishment those rights were vested and exercisable shall be entitled to
receive, and shall be paid by the [district council], compensation for such
loss, if any, as may have been sustained by him by the taking from him or
extinguishment of such market rights as were theretofore regularly exercised
by him or any predecessor in title: provided that, within two months after the
date of such transfer or extinguishment, such person delivers to the [district
council] a notice in writing of his claim for compensation containing such
particulars as are required by section five of the
Acquisition of Land (Assessment of Compensation) Act, 1919, to be given in the
notices of claim referred to in that section.

(6) Any compensation payable under the provisions of this section shall be of
such amount as may be agreed between the [district council] and the person
claiming the same, or as (failing such agreement) shall be determined by [the
Lands Tribunal for Northern Ireland] under the
Acquisition of Land (Assessment of Compensation) Act, 1919, and such
determination shall be made in accordance, as far as applicable, with the
provisions of the said Act.

Any compensation so payable shall be paid to the person entitled thereto, as
soon as practicable after the amount thereof has been agreed or determined as
aforesaid, together with interest thereon at the rate of five per centum per
annum calculated from the date of transfer or extinguishment of the
market rights to the date of payment.

(7) Within three months after any payment of compensation as aforesaid, the
[district council] shall produce to the Ministry of Finance a copy of the
order made by the Ministry of Home Affairs under sub-section (3) of this
section, stamped with the same ad valorem duty in respect of such payment as
would be payable upon a deed of release or renunciation of a right or interest
in property (executed at the time of such payment) upon a sale made in
consideration of such payment; and in default of such production the amount of
the said duty, with interest thereon at the rate of five per centum per annum
from the date of such payment, shall be a debt due to the Ministry of Finance
from the [district council].

(8) The omission by the [district council] to give the prescribed notice to
any person in whom any market rights are vested, but the existence of whose
interest therein was not known to the [district council], shall not affect the
operation of the provisions of sub-section (4) of this section in relation to
such market rights. The rights of any person entitled to compensation under
this section to receive such compensation shall not be prejudiced by the
omission of the [district council] to give him the prescribed notice, but any
claim for compensation by any person to whom the [district council] omit to
give such a notice shall not be entertained unless he delivers to the
[district council], within twelve months after the date of transfer or
extinguishment of the market rights, a notice in writing of his claim
containing such particulars as are referred to in sub-section (5) of this
section.

(9) The provisions of section one hundred and three of the
Public Health (Ireland) Act, 1878, shall apply to a market in respect of which
market rights are acquired by a [district council] under this section, in like
manner as those provisions apply to a market established by an urban authority
under the said section one hundred and three.

(10) Anything required by this section to be prescribed shall be prescribed by
regulations to be made by the Ministry of Home Affairs.

Ss.11, 12 rep. by SRO (NI) 1973/341

© 1929 Crown Copyright

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