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INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - LONG TITLE

An Act to authorise the making of certain agreements transferring to
the Ministry of Commerce the undertakings of the Lagan Navigation
Company and the Upper Bann Navigation Trustees, to empower the said
Ministry and the Ministry of Finance to exercise certain functions
in relation to those undertakings and for purposes connected with
the matters aforesaid.
[2nd March 1954]
Agreements transferring certain canal undertakings.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 1

1.(1) The Ministry of Commerce (in this Act referred to as "the
Ministry") is hereby authorised and empowered to enter into and give
effect to the following agreements:

(a)an agreement with the Lagan Navigation Company (in this Act
referred to as "the Lagan Agreement") in the terms of the draft
agreement set out in the first part of the First Schedule to this
Act; and

(b)an agreement with the Upper Bann Navigation Trustees and the
councils of the counties of Armagh, Down and Tyrone (in this Act
referred to as"the Upper Bann Agreement") in the terms of the draft
agreement set out in the second part of the First Schedule to this
Act;

(2) Subject to the provisions of section ten of this Act, the
Lagan Agreement shall operate, without further assurance, to convey,
assign and transfer to the Ministry on the date of the execution
thereof all the property thereby agreed to be sold, being the
undertaking particularly described in the Annex to the draft
Agreement set out in the first part of the First Schedule to this
Act (in this Act referred to as "the Lagan Navigation"); and,
subject to the provisions of section ten of this Act, the Upper
Bann Agreement shall operate, without further assurance, to convey,
assign and transfer to the Ministry on the date of the execution
thereof all the property thereby agreed to be sold, being the
undertaking particularly described in the Annex to the draft
Agreement set out in the second part of the said Schedule (in this
Act referred to as "the Upper Bann Navigation"). ....

(3) The date of execution of each of the respective Agreements is
in this Act, in relation to the undertaking which is the subject
thereof respectively, referred to as "the vesting date".

Subs.(4) rep. by SLR 1980

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 2
Abandonment of certain canals, and functions of the Ministry in
relation thereto.

2.(1) On and after the respective vesting date

(a)the Coalisland Canal and the Upper Reaches of the Lagan
Navigation and the Upper Bann Navigation (in this Act together
referred to as "the abandoned canals") shall cease to be used for
the purposes of navigation and shall be abandoned accordingly:

Paras.(b)(c) spent

(d)the Ministry may, in and upon and in connection with the
abandoned canals, carry out such works as appear to the Ministry to
be necessary or expedient for the purpose of securing that the
abandoned canals shall not by reason of their abandonment cause
danger to the public or damage to property, and for any purpose
related to those matters.

(2) For the purpose of the exercise of its functions under
paragraph (d) of the preceding sub-section the Ministry shall have
power

(a)to enter on any land and there to do all such acts and things
as may be reasonably necessary for the due exercise of the said
functions;

(b)to purchase (either by agreement or compulsorily in accordance
with the next succeeding section) or take on lease any land, or
any easements, water rights or other rights or interests whatsoever
in, to or over any land in the vicinity of the abandoned canals
or any stream flowing from or into the abandoned canals;

(c)to enter upon any lands proposed to be, or in the course of
being, acquired under this Act and with the consent of the owner
thereof to carry out thereon such works and do all such other acts
and things as may be reasonably necessary for or incidental or
ancillary to the due exercise of the said functions;

(d)to restrict, terminate or otherwise interfere with any easements
or other rights.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 3
Acquisition of land, etc., by the Ministry under s.2.

3.(1) The Ministry, where it desires to acquire otherwise than by
agreement any land or any such right or interest as is referred to
in paragraph (b) of sub-section (2) of the last preceding section,
shall have power to make an order (in this Act referred to as a
"vesting order") vesting such land, right or interest in the
Ministry.

[(2) For the purposes of this section, paragraphs (3) and (4) of
Article 10 of, and Schedule 3 to, the Drainage (Northern Ireland)
Order 1973 shall have effect as if enacted in this Act.]

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 4
Compensation for certain loss or damage.

4.(1) Where any person suffers any loss or damage by reason

(a)of the abandonment referred to in section two of this Act, or
of any works carried out under that section; or

(b)of anything done or omitted under or by virtue of the foregoing
provisions of this Act which, if this Act had not been passed,
would have given rise to a right of action against the Lagan
Navigation Company or, as the case may be, the Upper Bann
Navigation Trustees; or

(c)of any other thing done or omitted under or by virtue of
section two of this Act;

(2) In lieu of paying pecuniary compensation the Ministry may by
agreement construct or repair works or provide facilities to replace
works or facilities which have been impaired or removed by or in
consequence of the abandonment referred to in section two of this
Act or the performance by the Ministry of any of its functions
under the foregoing provisions of this Act; and where anything so
done by way of replacement or repair affords or is likely to
afford advantages or facilities better than those existing before the
abandonment, the Ministry may enter into an agreement with any
person whereby that person shall bear a fair part of the cost
incurred by the Ministry in connection with such replacement or
repair.

(3) Every claim for compensation under this section shall in default
of agreement be [referred to and determined by the Lands Tribunal
for Northern Ireland].

(4) The Ministry may for the purposes of this section make
regulations prescribing the time within which and the manner in
which claims under this section are to be made, the particulars to
be furnished by claimants and any other matters appearing to the
Ministry to be necessary or expedient for the expeditious disposal
of claims.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 5
Operation of Lower Reaches by the Ministry.

5.(1) On the vesting date the functions of the Lagan Navigation
Company in relation to the operation of the Lower Reaches of the
Lagan Navigation (hereafter in this Act referred to as "the Lower
Reaches") shall, except in so far as they are inconsistent with the
provisions of this Act, be transferred to and exercisable by the
Ministry.

Subs.(2) spent

Bye-laws respecting Lower Reaches.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 7

7.(1) Notwithstanding anything in the Lagan Navigation Acts, the
Ministry may on or after the vesting date, subject to the
provisions of this section, make bye-laws for the management and
control of the Lower Reaches and the regulation of traffic thereon,
and such bye-laws may, without prejudice to the generality of the
foregoing words, make provision for

(a)the imposition in respect of contraventions of the bye-laws, of
fines not exceeding five pounds for any offence or two pounds for
each day on which an offence is continued; and

(b)the summary recovery of such fines.

(2) Before making any bye-laws under this section the Ministry shall
publish in the Belfast Gazette, and in two or more daily newspapers
circulating in Northern Ireland, a notice

(a)stating its intention to make bye-laws on the expiration of one
month from the date of the publication of the notice, or such
longer period as may be specified in the notice;

(b)setting forth the place where and the time within which copies
of the draft of the proposed bye-laws may be obtained; and

(c)stating the time within which objections are to be lodged with
the Ministry.

(3) On the expiration of the period set forth in the notice the
Ministry may make the proposed bye-laws but before doing so shall
take into consideration any objections duly lodged under the last
preceding sub-section.

(4) Any bye-laws in force immediately before the vesting date with
respect to the Lower Reaches shall have effect as if they had been
duly made under this section and shall continue in force until
varied or revoked thereunder.

S.8 spent

Disposal by the Ministry of surplus property.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 9

9. Notwithstanding anything in the Lagan Navigation Acts or the
Drainage (Ireland) Act, 1856, the Ministry shall have power, on and
after the vesting date to sell, lease, surrender or otherwise
dispose of any estate, right or interest in any property whatsoever,
whether real, chattel real or personal, for the time being vested
in the Ministry under or by virtue of this Act and not required
by it for the purposes of its functions thereunder, and where any
such disposal is by way of exchange, to give or receive money for
equality of exchange; and any moneys received by the Ministry in
respect of any such sale or disposal shall, after deduction of any
proper expenses, be paid into the Exchequer.

S.10 rep. by SLR 1976; SLR 1980. Ss.11,12 rep. by SLR 1976.
S.13(1) rep. by SLR 1976; subs.(2) spent; subs.(3)-(6) rep. by SLR
1976. S.14 rep. by 1964 c.29 (NI) s.21 sch.3

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 15
Expenses.

15.(1) Subject to the provisions of the succeeding sub-section, all
expenditure incurred by the Ministry or the Ministry of Finance
shall be defrayed out of moneys provided by Parliament.

(2) If the Ministry of Finance so directs, any expenditure not
exceeding two hundred and fifty thousand pounds incurred as aforesaid
(other than expenditure incurred under section thirteen of this Act)
which the Ministry of Finance, or the Ministry with the approval of
the Ministry of Finance, determines to be capital expenditure shall
be charged on and issued out of the Consolidated Fund; and the
Ministry of Finance may borrow for the purposes of any such issue.

[(3) Moneys borrowed under the preceding sub-section shall be repaid
within any period or periods not exceeding fifteen years from the
date of borrowing, and provision for such repayment may be made out
of moneys provided by Parliament.]

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 16
Regulations, orders and bye-laws.

16.(1) Regulations, orders and bye-laws made under this Act may,
without prejudice to the generality of the several provisions
conferring power to make them, make provision for such consequential,
supplemental and ancillary matters as appear to the Ministry to be
necessary or expedient.

(2) Any power conferred by this Act on the Ministry to make
regulations, orders or bye-laws shall, if the Ministry of Finance so
directs, be exercisable only in conjunction with that Ministry.

(3) All regulations made under this Act shall, as soon as may be
after they are made, be laid before each House of Parliament; and
if either such House, within the statutory period after any such
regulations have been so laid, resolves that the regulations be
annulled, the regulations shall as from the date of the resolution
cease to have effect, but without prejudice to anything previously
done thereunder or to the making of fresh regulations.

S.17 spent

Registration of title to property transferred under this Act.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 18

18. Where any property or right transferred under or by virtue of
this Act to the Ministry or the Ministry of Finance, or the title
to any such property or right, is entered in any register kept in
pursuance of any enactment, the name of the Ministry to which the
transfer is so effected shall at the request of that Ministry be
substituted in the register for the name of the person from whom
such transfer is effected.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 19
Interpretation.

19.(1) In this Act, unless the contrary intention appears, the
expression

Definition spent

"Coalisland Canal" means the undertaking acquired by the Lagan
Navigation Company by virtue of section three of the Ulster Canal
and Tyrone Navigation Act, 1888, and in the preamble to that Act
referred to as "the Tyrone Navigation or Coal Island Canal";

"conferred" in relation to functions, includes imposed;

"enactment" includes any provision in any Act (whether public
general, local or private) of the Parliament of Northern Ireland or
of the Parliament of the United Kingdom and a provision in any
Order in Council, order, regulation, rule, bye-law or other
instrument made under any such Act;

"exercise", in relation to functions, includes performance, and
grammatical variations of that expression shall be construed
accordingly;

"functions" includes powers and duties;

"Lagan Navigation Acts" means the Lagan Navigation Act, 1843, the
Lagan Navigation Act, 1873, and the Ulster Canal and Tyrone
Navigation Act, 1888;

"land" includes land covered by water, and any estate or interest
in land, and any easement or right in, to or over land or water;

"Lower Reaches of the Lagan Navigation" means that part of the
Lagan Navigation situate between the First Locks at Stranmillis in
the County Borough of Belfast and the Union Locks at Sprucefield in
the County of Down, inclusive of the said First Locks and extending
to but exclusive of Lock 17;

Definition spent

"Upper Reaches of the Lagan Navigation" means that part of the
Lagan Navigation situate between Lough Neagh and the Union Locks at
Sprucefield in the County of Down, extending to and inclusive of
Lock 17.

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.

Short title.

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 21

21. This Act may be cited as the Inland Navigation Act (Northern
Ireland), 1954.

Schedule 1 rep. by SLR 1980. Schedule 2 rep. by SLR 1973