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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 150

Amendments, repeals and savings.

150.(1) This Act may be cited as the Local Government Act (Northern Ireland)
1972.

(2) Commencement

I < having been chosen Councillorfor the District of < hereby declare that Itake the said office upon myself and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability ...


day of < Signed Part II rep. by 1973 NI 10 art.2 sch.


1.(1) The council shall in every year hold an annual meeting and such other
meetings as the council thinks necessary for the transaction of general
business.

(2) Subject to sub-paragraph (3) the annual meeting shall be held in the month
of June in every year.

(3) In any year ([including 1973]) which is a local election year, the annual
meeting shall be held within the twenty-one days immediately following the
election day at twelve noon, or at such other time as the council may fix, at
the offices of the council or at such other place as the Ministry may direct.

Sub-paras.(4)(5) rep. by SLR 1980

2.(1) The chairman of the council may call a meeting of the council at any
time.

(2) The chairman of the council shall call a meeting of the council, if a
requisition for such a meeting signed by five councillors or by one-fifth of
the whole number of the councillors, whichever is the greater, is presented to
him; and, if he refuses to call a meeting on such a requisition or if, without
so refusing, he does not call such a meeting within the period of seven days
from the date of service of the requisition on him, any five councillors or
one-fifth of the whole number of the councillors, whichever is the greater,
may on that refusal or on the expiration of that period forthwith call a
meeting of the council.

(3) Three days at least before a meeting of the council

(a)notice of the time and place of the intended meeting shall be published at
the offices of the council, and where the meeting is called by councillors the
notice shall be signed by them and shall specify the business proposed to be
transacted thereat; and

(b)a summons to attend the meeting, specifying the business proposed to be
transacted thereat and signed by the clerk of the council, shall be left at or
sent by ordinary post to the usual place of residence of every councillor.

(4) Want of service of a summons under sub-paragraph (3)(b) shall not affect
the validity of a meeting.

3.(1) At a meeting of the council the chairman of the council, if present,
shall preside.

(2) If the chairman of the council is absent from a meeting of the council,
the vice-chairman of the council, if present, shall preside.

(3) If both the chairman and the vice-chairman of the council are absent from
a meeting of the council, such councillor as the councillors present may
choose shall preside.

4.(1) Subject to sub-paragraph (2), no business shall be transacted at a
meeting of the council unless at least one-quarter of the whole number of
councillors are present.

(2) Where more than one-quarter of the councillors become disqualified at the
same time, then, until the number of councillors in office is increased to not
less than three-quarters of the whole number of councillors, the quorum of the
council shall be determined by reference to the number of councillors
remaining qualified instead of by reference to the whole number of
councillors.

5. The names of the councillors present at a meeting of a council shall be
recorded by the clerk of the council.

6. A person authorised in writing by the Ministry in that behalf shall, at the
request or with the agreement of the council, be entitled to attend any
meeting of the council and to take part in the proceedings at the meeting, but
not to vote.

7.(1) Subject to any statutory provision, all acts of a council and all
questions coming or arising before a council shall be done and decided by a
majority of the councillors present and voting thereon at a meeting of the
council.

(2) In the case of an equality of votes the person presiding at the meeting
shall have a second or casting vote.

8. The mode of voting at meetings of the council shall be by show of hands,
and on a requisition made in accordance with standing orders or, if such
orders make no provision in that behalf, on the requisition of any councillor
the voting on any question shall be recorded so as to show whether each
councillor present and voting gave his vote for or against that question.

9.(1) Minutes of the proceedings of a meeting of a council, or of a committee
or sub-committee thereof, shall be drawn up and entered in a bound book, or on
loose leaves consecutively numbered, kept for that purpose, and shall be
signed at the same or the next ensuing meeting of the council or, as the case
may be, at the same or any subsequent meeting of the committee or
sub-committee by the person presiding thereat, if approved by the meeting at
which they fall to be signed.

(2) Any minute purporting to be signed as mentioned in sub-paragraph (1) shall
be received in evidence without further proof.

(3) Until the contrary is proved, a meeting of a council or of a committee or
sub-committee thereof in respect of the proceedings of which a minute has been
so made and signed shall be deemed to have been duly convened and held, and
all the members present at the meeting shall be deemed to have been duly
qualified, and where the proceedings are proceedings of a committee or
sub-committee, the committee or sub-committee shall be deemed to have been
duly constituted and to have had power to deal with the matters referred to in
the minutes.

10. Subject to the provisions of this Act, a council may make standing orders
for the regulation of the proceedings of the council and business, and may
vary or revoke any such orders.

11. The proceedings of a council or of a committee or sub-committee thereof
shall not be invalidated by any vacancy among its number or by any defect in
the election or qualification of any of its members.

12.(1) A council appointing a committee, and councils who concur in appointing
a joint committee, may make, vary and revoke standing orders respecting the
quorum, proceedings and place of meeting of the committee or joint committee,
but subject to any such standing orders the quorum, proceedings and place of
meeting shall be such as the committee or joint committee may determine.

(2) The person presiding at a meeting of any committee or joint committee
shall, in the case of an equality of votes, have a second or casting vote.

1. Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except, in
relation to members other than the chairman, so much of that section as
relates to remuneration) shall apply to the appointment of members of
the Staff Commission.

2. The Staff Commission may pay

(a)to its chairman such remuneration; and

(b)to its chairman and its other members such reasonable allowances in respect
of expenses properly incurred in the performance of their duties;

3. Before the commencement of each financial year the Staff Commission shall
prepare an estimate of the amount of its total expenditure for that year.

4. In preparing the estimate mentioned in paragraph 3, the Staff Commission
shall take into account any surplus or deficit accruing from previous years or
estimated to accrue in the current year, and may also include such additional
amount as is, in the opinion of the Staff Commission, required to meet
contingencies.

5. The Staff Commission shall, with the approval of the Ministry, apportion
the amount estimated in accordance with paragraphs 3 and 4 between expenditure
arising from matters directly concerning councils [, expenditure arising from
matters directly concerning the Executive] and other expenditure.

6. Any question arising in connection with an apportionment under paragraph 5
shall be referred to and determined by the Ministry of Finance.

7. The amount apportioned under paragraph 5 as arising from matters directly
concerning councils shall be further apportioned between all the councils in
Northern Ireland rateably in proportion to the rateable value of the
hereditaments in their districts, and the amount that is so further
apportioned to each council shall be paid by that council to
the Staff Commission at such time and in such manner as the Staff Commission
directs.

[7A. The amount apportioned under paragraph 5 as arising from matters directly
concerning the Executive shall be paid to the Staff Commission by the
Executive at such time and in such manner as the Staff Commission directs.]

8. Any sum which is payable by a council [or, as the case may be, by the
Executive] to the Staff Commission under paragraph 7 [or paragraph 7A] shall
be a debt recoverable from the council [or the Executive] by
the Staff Commission.

9. The amount apportioned under paragraph 5 as other expenditure shall be
defrayed as expenses of the Ministry.

10. The Staff Commission may borrow, by way of temporary loan or overdraft
from a bank or otherwise, any sum which the Staff Commission temporarily
requires for the purpose of defraying expenses pending the receipt of revenues
receivable by it.

11. The Staff Commission shall keep such accounts and records as the Ministry
directs.

12. The accounts of the Staff Commission shall be audited annually by a local
government auditor, and the provisions of this Act with respect to audit shall
apply to that audit subject to such modifications as the Ministry directs.

13. The Staff Commission shall

(a)make such reports and returns, and

(b)give such information with respect to the exercise of its functions, to
the Ministry, within such period, as the Ministry directs.

1. In this Schedule "the Commissioner" means a Local Government Boundaries
Commissioner.

2. Section 18(2) of the Interpretation Act (Northern Ireland) 1954 shall apply
to the appointment of the Commissioner, with the omission of paragraph
(b)(iii) of that section.

3. The Commissioner shall be appointed on such terms and conditions as
the Ministry, with the approval of the Ministry of Finance, determines before
his appointment.

4. The appointment of the Commissioner shall terminate on such date after he
submits his report under section 50(4) as the Ministry determines.

5.(1) The Ministry may, at the request of the Commissioner, appoint one or
more Assistant Commissioners on such terms and conditions as the Ministry,
with the approval of the Ministry of Finance, determines before the
appointment.

(2) The Registrar General of Births, Deaths and Marriages for Northern
Ireland, the Commissioner of Valuation and the Chief Survey Officer of
Ordnance Survey for Northern Ireland shall be assessors to the Commissioner.

6. The Ministry shall appoint a secretary and such other officers to assist
the Commissioner as it, with the approval of the Ministry of Finance, may
determine and the terms and conditions of any such appointment shall be such
as may be so determined.

7. The remuneration and expenses of the Commissioner, Assistant Commissioners
and the secretary and any staff appointed under paragraph 6 shall be charged
on and paid out of the Consolidated Fund.

8. The Commissioner may, if he thinks fit, submit interim reports to
the Minister before making his final report under section 50(4).

1. As soon as possible after his appointment the Commissioner shall

(a)make a public announcement to the effect that he has commenced his task;
and

(b)invite proposals (including, where he is appointed under section 50(2),
proposals for modifying the proposals he has been appointed to consider) from
councils, political parties, associations, organisations and individual
members of the public.

2. Where the Commissioner has been appointed under section 50(1) and has
provisionally determined to make recommendations with respect to a district or
the wards within a district, or where he has been appointed under
section 50(2) to consider any proposals affecting a district or such wards he
shall publish in at least two newspapers circulating in the district a notice

(a)setting out the provisional recommendations or the proposals or specifying
places and times at which copies of the provisional recommendations or the
proposals may be inspected; and

(b)stating that representations in writing with respect to the provisional
recommendations or the proposals may within one month from the date of the
last publication of the notice be made to the Commissioner in the manner
specified in the notice;

3.(1) Where a notice under paragraph 2 has been published with respect to any
district and the period specified in that notice for the receipt of
representations has elapsed the Commissioner may, after giving public notice
thereof, cause to be held in that district a public hearing in respect of the
boundary and name of the district and the number, boundaries and names of the
wards within that district (or such of those matters as are affected by the
review or proposals in question).

(2) Where, on publication of a notice under paragraph 2 with respect to any
district, the Commissioner receives any representations duly made in
accordance with the notice objecting to the recommendations he has
provisionally determined to make or, as the case may be, the proposals he has
been appointed to consider

(a)from the council of the district, or

(b)from not less than one hundred local electors registered by virtue of a
qualifying address in the district,

4. The Commissioner may cause additional hearings to be held in such manner as
he directs.

5. The Commissioner may direct any hearing under paragraph 3 or 4 to be held
before an Assistant Commissioner.

6. The Commissioner, after taking into consideration the representations, if
any, made in accordance with a notice published under paragraph 2 or made at a
hearing under paragraph 3 or 4, may revise any provisional recommendations or,
where he has been appointed to consider any proposals, may provisionally
determine to recommend modifications of the proposals, and where he does so he
shall comply again with paragraph 2 but shall not be required to hold a public
hearing following any representations he may receive with respect to those
recommendations as revised or proposals as provisionally modified.

7. Subject to the foregoing provisions of this Part, the Commissioner shall
have power to regulate his own procedure.

8. Every document purporting to be an instrument made or issued by
the Commissioner and to be signed by the secretary or any person authorised by
the Commissioner to act in that behalf shall be received in evidence and
shall, until the contrary is proved, be deemed to be an instrument made or
issued by the Commissioner.

1. Regard shall be had to the desirability of determining district and ward
boundaries which are readily identifiable.

2. A townland shall not, except where in the opinion of the Commissioner it is
unavoidable, be included partly in one district or ward and partly in another.

3. As far as practicable a district shall not be wholly or substantially
severed by the boundary of another district and shall not be wholly or
substantially encompassed within the boundary of another district.

4. In determining the number and boundaries of wards within a district regard
shall be had to

(a)the size, population and physical diversity of the district; and

(b)the desirability that there should be a proper representation of the rural
and urban electorate within the district.

5. It shall be taken that each ward shall return one member to the council of
the district in which it is situated.

6.(1) In each district, except the City of Belfast, the number of wards shall
be fifteen but

(a)where having regard to either paragraph 4(a) or 4(b) the Commissioner
considers it desirable that the number of wards in any district should be more
than fifteen the number of wards in that district may be increased to not more
than twenty-five;

(b)where having regard to both paragraphs 4(a) and 4(b) the Commissioner
considers it desirable that the number of wards in any district should be more
than twenty-five the number of wards in that district may be increased to not
more than thirty.

(2) In the City of Belfast the number of wards shall be not less than forty
and not more than sixty.

7.(1) Within any one district there shall, as far as is reasonably practicable
having regard to paragraph 4, be substantially the same number of
local electors in each ward.

(2) For the purposes of sub-paragraph (1) it shall be taken that the electors
in each ward are the persons registered as local electors, by virtue of a
qualifying address within that ward, in the register of electors last
published before the making of the announcement mentioned in paragraph 1 of
Part II.

1. If a council determines to repay by means of a sinking fund any sums
borrowed by it, the sinking fund shall be formed and maintained either

(a)by payment to the fund throughout the fixed period of such equal annual
sums as will be sufficient to pay off within that period the money for the
repayment of which the sinking fund is formed; or

(b)by payment to the fund throughout the fixed period of such equal annual
sums as, with accumulations at such rate as the Ministry may in any particular
case approve, will be sufficient to pay off within that period the money for
the repayment of which the sinking fund is formed.

In this Schedule a sinking fund formed under head (a) is referred to as "a
non-accumulating sinking fund", and a sinking fund formed under head (b) as
"an accumulating sinking fund"; and "the fixed period" has the same meaning as
in section 66.

2. Every sum paid to a sinking fund shall, unless applied in repayment of the
money for the repayment of which the sinking fund is formed be immediately
invested in a security or securities in which trustees are entitled by law to
invest trust funds, and the council may vary and transpose the investments.

3. In the case of an accumulating sinking fund, the interest received in any
year from the investment of the sums set apart for the purposes of the sinking
fund shall form part of the revenue for that year of the district fund, but
the contribution to be made to the sinking fund out of the district fund shall
in that year be increased by a sum equal to the interest that would have
accrued to the sinking fund during that year if interest had been accumulated
therein at the rate per cent. per annum on which the annual payments to the
sinking fund are based.

4.(1) A council may at any time apply the whole or any part of a sinking fund
in or towards the discharge of the money for the repayment of which the
sinking fund was formed.

(2) Where an accumulating sinking fund or part of such a fund is applied as
mentioned in sub-paragraph (1), the council shall pay into the fund each year
and accumulate during the residue of the fixed period a sum equal to the
interest which would have been produced by the sinking fund or part thereof so
applied if invested at the rate per cent. per annum on which the annual
payments to the sinking fund are based.

5. Any surplus of a sinking fund remaining after the discharge of the whole of
the money for the repayment of which it was formed shall be applied to such
capital purpose as the council, with the consent of the Ministry, determines.

6. If at any time it appears to the council that the amount in a sinking fund,
together with the sums which will be payable thereto in accordance with the
provisions of this Schedule, and, in the case of an accumulating sinking fund,
with the accumulations thereon, will not be sufficient to repay within
the fixed period the money for the repayment of which the sinking fund is
formed, the council shall, either temporarily or permanently, make such
increased payments to the sinking fund as will cause the sinking fund to be
sufficient for that purpose, and if it appears to the Ministry that any such
increase is necessary, the council shall increase the payments to such extent
as the Ministry may direct.

7. If the council desires to accelerate the repayment of any money borrowed by
it, it may increase the amounts payable to the sinking fund.

8. If the amount in a sinking fund, together with the sums which will be
payable thereto in accordance with the provisions of this Schedule, and also,
in the case of an accumulating sinking fund, together with the accumulations
thereon, will in the opinion of the Ministry be more than sufficient to repay
within the fixed period the money for the repayment of which the sinking fund
is formed, the council may reduce the payments to the sinking fund either
temporarily or permanently to such amounts as will in the opinion of
the Ministry be sufficient to repay within the fixed period the money for the
repayment of which the sinking fund is formed.

9. If at any time the amount in a sinking fund, together with the
accumulations thereon in the case of an accumulating sinking fund, will in the
opinion of the Ministry be sufficient to repay the money for the repayment of
which the sinking fund is formed within the fixed period, the Ministry may
authorise the council to suspend the annual payments to the sinking fund until
the Ministry otherwise directs.

1. A council which proposes to acquire land otherwise than by agreement may
submit to the Ministry concerned (in this Schedule referred to as "the
Ministry") an application in the prescribed form for a vesting order in
respect of the land specified in the application.

2. Notice of the application, in such form and manner as the Ministry directs,

(a)shall be published by the council on at least two occasions in the locality
in which the land is situated;

(b)shall be served by the council on every person appearing to the council to
have an estate in the land;

(c)shall also be served by the council on such government departments and
public bodies as may be prescribed.

3.(1) After the expiration of one month from the date of the last publication
of the notice mentioned in paragraph 2(a), the Ministry,

(a)after considering all representations which have been made to the Ministry
by any interested party; and

(b)after causing a local inquiry to be held (unless no representations have
been made, or any representations have been met or withdrawn or relate solely
to the amount of compensation, or are representations which the Ministry is
satisfied are solely of a frivolous or vexatious nature);

(i)make a vesting order, which may contain any modifications of the council's
proposal that the Ministry thinks proper, vesting in the council all or any
part of the land for an estate in fee simple or for such other estate as may
be specified in the vesting order; or

(ii)refuse to make the order.

(2) If a local inquiry is held as aforesaid, the council and any person
interested in the land, and such other persons as the person holding the
inquiry may allow, shall be permitted to appear, in person or by a
representative, and to be heard at the inquiry, and, before making or refusing
a vesting order, the Ministry shall consider the report of the person who held
the inquiry.

4. A vesting order shall contain such provisions as the Ministry thinks
necessary or expedient for carrying it into effect, and may provide for the
suspension of the operation of the vesting order, or any part thereof, until
the council has paid, or made provision to the satisfaction of the Ministry
for the payment of, compensation to persons who have an estate in the land to
which the vesting order relates, or in land likely to be injuriously affected
by the works proposed to be carried out by the council.

5.(1) The following provisions of this paragraph shall have effect with
respect to the validity of a vesting order and the date on which such an order
is to come into operation

(a)as soon as may be after a vesting order has been made the council shall
publish in the prescribed form and manner a notice, stating that the vesting
order has been made and naming a place where a copy of the vesting order and
of any map or plan referred to in it may be seen at all reasonable hours, and
shall serve a like notice on every person who, having given notice to
the Ministry of his objection to the application for the vesting order,
appeared at a local inquiry in support of his objection;

(b)if any person aggrieved by a vesting order desires to question its validity
on the ground that it is not within the powers conferred by this Act or that
the procedure specified in this Schedule has not been complied with, he may,
within one month from the publication of the notice of the making of the
vesting order, make an application for the purpose to the High Court in
accordance with rules of court, and on such an application the court

(i)may by interim order suspend the operation of the vesting order, either
generally or in so far as it affects any property of the applicant, until the
final determination of the proceedings;

(ii)if satisfied upon the hearing of the application that the vesting order is
not within the powers conferred by this Act, or that the interests of the
applicant have been substantially prejudiced by any requirement of this
Schedule not having been complied with, may quash the vesting order either
generally or in so far as it affects any property of the applicant;

<(iii)if not so satisfied, shall dismiss the application;


(c)subject to head (b), a vesting order or the making of such an order shall
not be questioned in any legal proceedings whatsoever, and a vesting order
shall become operative at the expiration of a period of one month from the
date on which the notice of the making thereof is published in accordance with
the provisions of head (a);

(d)as soon as may be after a vesting order has become operative the council
shall serve on every person appearing to it to have an estate in the land to
which the vesting order relates either a copy of the vesting order or a notice
in the prescribed form stating that the vesting order has become operative and
naming a place where a copy of the vesting order and of any map or plan
referred to therein may be seen at all reasonable hours and may be obtained
free of charge upon written request made by or on behalf of any person having
an estate in the land.

(2) Notice of a vesting order that has become operative shall be served by the
council on such government departments and public bodies as may be prescribed.

6.(1) Subject to sub-paragraph (3), a vesting order shall operate, without
further assurance, to vest in the council, as from the date on which the
vesting order becomes operative (in this Schedule referred to as "the date of
vesting"), an estate in fee simple or such other estate (if any) in, to or
over the land to which it relates as is therein specified, freed and
discharged from all claims or estates whatsoever (except as is specified in
the order).

(2) To the extent to which compensation is payable in accordance with the
provisions of this Schedule, as from the date of vesting the rights and claims
of all persons in respect of any land acquired by the vesting order shall be
transferred and attached to the fund out of which the expenses of the council
in acquiring the land are to be defrayed (in this Schedule referred to as "the
compensation fund"), and shall be discharged by payments out of
the compensation fund.

(3) Where a vesting order relates to registered land, the council, before
lodging the vesting order with the Registrar of Titles, shall endorse upon the
vesting order the date on which it would have become operative were it not for
the provisions of this sub-paragraph, and in relation to such land
the date of vesting shall, notwithstanding anything in sub-paragraph (1), be
the date so endorsed or the date on which the order is so lodged, whichever is
the later, and that sub-paragraph shall have effect accordingly.

7. A vesting order, or the title created by such an order (if it relates to
registered land), shall forthwith upon lodgment of the order, be registered in
the Registry of Deeds or, as the case requires, the Land Registry.

8. Where a vesting order relates to any land forming part of a holding which
is subject to the future payment of an annuity under the Land Purchase Acts,
it shall not be necessary for any consent or authority for the sub-division of
the holding to be given under any provision of those Acts, other than the
consent of the Ministry of Finance to any apportionment of the annuity.

9. On and after the date of vesting the council or any person authorised by
the council may enter upon and use the land to which the vesting order
relates.

10.(1) Section 92 of the Lands Clauses Consolidation Act 1845 shall not have
effect in relation to any acquisition of land by means of a vesting order.

(2) Where a vesting order applies to part only of a house, building or
factory, a person having an estate in the whole thereof may, within six weeks
from the date on which the order becomes operative, serve a notice on the
council, requiring the council to acquire the remainder thereof.

(3) Where a notice is served on the council under sub-paragraph (2) the
council shall acquire the remainder of the house, building or factory unless
the Lands Tribunal determines that the acquisition of the part thereof
acquired by means of the vesting order has not caused material detriment to
the house, building or factory.

(4) Where the council acquires the remainder of a house, building or factory
in pursuance of sub-paragraph (3), any question as to the amount payable in
respect thereof shall be determined as if that remainder had been acquired by
means of a vesting order.

11.(1) As soon as a vesting order has become operative, any question of
disputed compensation arising between the council and any person who

(a)has an estate in any land to which the vesting order relates or would have
such an estate if the order had not become operative, or

(b)has an estate in any land injuriously affected by the works proposed to be
carried out by the council,

(2) Where the person entitled to compensation under this Schedule is not known
or cannot be found or neglects or refuses to produce his title or to claim the
compensation, or where a person claiming compensation is not absolutely
entitled to the compensation or is under any disability the council may refer
to the Lands Tribunal any question in connection with the compensation and
that question shall be deemed to be a question of disputed compensation for
the purposes of this Schedule.

(3) Where a vesting order relates to land forming part of a holding which is
subject to the payment of an annuity under the Land Purchase Acts, the council
shall give to the Ministry of Finance notice in the prescribed form of any
agreement for the payment of compensation by the council to any person who has
an estate in the land, and if the Ministry of Finance notifies the council of
its intention to bring before the Lands Tribunal any question with respect to
the apportionment or redemption of the annuity, that question shall be deemed
to be a dispute between the Ministry of Finance and any person claiming
compensation in relation to the lands and the provisions of this Schedule
shall apply as they apply to a question of disputed compensation.

12.(1) When any question of disputed compensation arises, the council shall as
soon as practicable thereafter cause to be made out such maps and schedules as
may be prescribed of any lands to which the vesting order relates and of any
other lands which, it is claimed, may be injuriously affected by the works
proposed to be carried out by the council (in this Schedule referred to as
"the scheduled lands"), together with the names, so far as they can be
reasonably ascertained, of all persons who immediately prior to the making of
the vesting order were interested in the lands as owners or reputed owners,
lessees or reputed lessees, or occupiers.

(2) The council shall deliver to the appropriate officer of the Lands Tribunal
one copy of each of the maps and schedules certified by the clerk of the
council as correct, and shall publish, in such form and manner as the Ministry
directs, a notice stating that such documents have been delivered and the
times and place at which copies of them may be inspected by any person
desiring to inspect them.

13.(1) The Lands Tribunal shall have the same power of apportioning any
rent-service, rent-charge, chief or other rent, payment or incumbrance as two
justices have under the Lands Clauses Consolidation Act 1845.

(2) Subject to the provisions of paragraph 16, the amount of compensation to
be paid in pursuance of section 124 of the
Lands Clauses Consolidation Act 1845 in respect of any estate in any of
the scheduled lands which the council has through mistake or inadvertence
failed or omitted duly to make compensation for, shall be awarded by the Lands
Tribunal and paid in like manner, as nearly as may be, as the same would have
been awarded and paid if the claim of such estate had been delivered to the
Lands Tribunal before the day fixed for the delivery of statements of claim.

(3) In determining the amount of any disputed compensation, the Lands Tribunal
shall have regard to the extent to which any remaining and contiguous land,
belonging to the same proprietor, may be benefited by any proposed work or any
proposed use of land for which the land to which the vesting order relates is
acquired by the council.

(4) In determining the amount of any disputed compensation, the Lands Tribunal
shall not award any sum of money for or in respect of any improvement or
alteration made, or building erected, after the date of the first publication
by the council of the notice mentioned in paragraph 2 if, in the opinion of
the Lands Tribunal, the improvement, alteration, or building in respect of
which the claim is made was made or erected with a view to obtaining or
increasing compensation; nor, in respect of any estate created after the said
date in any land to which the vesting order relates, shall any sum of money be
awarded so as to increase the total amount of compensation which would
otherwise have been required to be paid in respect of the acquisition of the
land.

14.(1) The council, on paying to any person any compensation (whether the
amount has been settled by agreement or determined by the Lands Tribunal),
shall obtain from that person a receipt in the prescribed form, which shall be
prepared by, and executed at the cost of, the council, and the receipt shall
operate to release the compensation fund from all claims by the person giving
it and all parties claiming through or under him.

(2) The council shall pay the costs reasonably incurred by any person claiming
compensation, to whom compensation is found due, of furnishing any statement,
abstract or other evidence of title required by the council to be furnished by
him.

15.(1) Where the compensation payable (whether the amount thereof has been
settled by agreement or determined by the Lands Tribunal) to any person does
not exceed the sum of #100, and the claimant makes a statutory declaration in
the prescribed form stating whether he claims as absolute or as limited owner,
and gives prima facie evidence which satisfies the council that for not less
than six years immediately preceding he, or his immediate predecessor in
title, has been personally or by an agent in receipt of the rents or profits,
or in actual occupation, of the land in respect of which compensation is
payable, the council may pay to the person claiming as absolute owner the
compensation payable for the estate in respect of which he claims, and, where
a person claims as limited owner of any estate, the council may pay the
compensation payable for that estate to the trustees of the settlement under
which the limited owner claims.

(2) Where any compensation not exceeding the sum of #100 is payable in respect
of an estate which is subject to any mortgage or charge (not being a charge
consisting of an annuity under the Land Purchase Acts or a charge in respect
of any sums repayable in respect of a loan made by any government department),
the compensation may be paid to the person entitled to the mortgage or charge,
or, if there is more than one such mortgage or charge, then the person
entitled to the mortgage or charge which is first in priority, and the amount
so paid shall be received in reduction of the principal sum for the time being
owing in respect of the mortgage or charge, notwithstanding any direction,
proviso or covenant to the contrary contained in any instrument; and where the
compensation is paid to a mortgagee or chargeant, the receipt given by the
mortgagee or chargeant shall release the compensation fund from all claims by
him and any subsequent mortgagee or chargeant, and also from all claims by the
person creating the mortgage or charge and all persons claiming through or
under that person.

(3) A memorandum of the amount paid under sub-paragraph (2) shall, when
practicable, be endorsed on the instrument creating the mortgage or charge,
and shall be signed by the person receiving the compensation, and a copy of
the memorandum shall be furnished by the council at its expense to all persons
appearing to the council to be entitled to any estate in the land subject to
the mortgage or charge.

16. Any person claiming to be entitled to any money paid to another person
pursuant to the foregoing provisions of this Schedule may, within six years
after the payment has been made, on giving such notice as may be required by
rules of court or, as the case requires, county court rules, apply for relief
to the High Court, where the amount exceeds #1,000, or to the county court
within the jurisdiction of which the land in respect of which the money has
been paid is situated, where the amount claimed does not exceed #1,000; and
the court may either dismiss the application, or give judgment or make a
decree against the council for the amount found due in respect of the claim,
and any sum so awarded shall be a debt due to the council by the person to
whom the money was paid by it, arising at the date of the judgment or decree.

17.(1) Where the amount of compensation has been determined but for some
reason it is not possible for the council to obtain a good discharge therefor,

(a)if the total amount of the compensation does not exceed #1,000, the council
shall pay the money into the county court and that court shall have with
respect thereto all the jurisdiction exercisable by the High Court under the
Lands Clauses Acts;

(b)if the total amount of the compensation exceeds #1,000, the amount payable
by the council shall be paid, applied and dealt with in accordance with the
provisions of the Lands Clauses Consolidation Act 1845 with respect to the
purchase money or compensation coming to parties having limited interests, or
prevented from treating, or not making title, and those provisions shall have
effect accordingly.

(2) Money paid into the county court or, as the case may be, the High Court
under sub-paragraph (1) shall, subject to county court rules or rules of
court, be dealt with according to the orders of the court.

(3) The payment of the compensation in the manner provided by sub-paragraph
(1) shall operate to discharge the compensation fund from all claims and
interests in respect of which the compensation is payable.

18.(1) The council shall pay interest upon the compensation money from the
date of the vesting of the land in respect of which the compensation is
payable until the time of the payment of the money and interest to the party
entitled thereto, or, where such compensation is paid into court, then until
the sum with such interest is paid into court accordingly.

(2) The rate of interest payable under this paragraph shall be such rate as is
determined by order made by the Ministry of Finance.

19.(1) All costs incurred by the Ministry in carrying the provisions of this
Schedule into execution in connection with the acquisition of land by the
council shall be paid by the council.

(2) Where any costs are incurred as mentioned in sub-paragraph (1),
the Ministry shall

(a)prepare a statement of the costs and send it to the council;

(b)consider any representations that are made by the council, within such
period as the Ministry specifies, as to the reasonableness of the costs; and

(c)certify the amount of the costs.

(3) A certificate under sub-paragraph (2)(c) shall be evidence of the amount
of the costs.

(4) The amount of the costs shall be a debt recoverable summarily by
the Ministry from the council.

20.(1) For the purposes of this Schedule the interest of a grantee under a fee
farm grant shall be deemed to be a lesser estate than a fee simple.

(2) In this Schedule "the Ministry" has the meaning assigned to it by
paragraph 1.

notices.

123Penalty for destroying notices.

124Authentication of documents.

125Custody of records.

127Information, reports and returns.

128Inquiries and investigations.

146Interpretation: pecuniary interests.

148General interpretation.

Schedule 8Amendments. Schedule 9Repeals

Section 65.

Section 97.

1845 c.18

1845 c.18

1845 c.18

Section 142.

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