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LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968

LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968 - LONG TITLE

An Act to confer on local authorities power to acquire land and to
make loans for certain purposes; to confer powers on road
authorities; to amend the Roads Act (Northern Ireland) 1948; and for
purposes connected with those matters.{1}
[12th December 1968]
PART I

LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968 - SECT 1

1.(1) [The Ministry of Development, or], with the approval of the
Ministry, [the Northern Ireland Housing Executive,] may, for the
purpose of re-settling relevant undertakings

(a)by agreement acquire or take on lease any land or acquire land
compulsorily;

(b)appropriate any land vested in [it];

(c)develop any such land as is referred to in paragraph (a) or
(b), whether by the erection or extension of buildings, the carrying
out of works, the provision or facilitation of the provision of
means of access, services or other facilities, or otherwise;

(d)enter into an agreement with any person for the development, in
any manner described in paragraph (c), of any such land as is
referred to in paragraph (a) or (b).

(2) The Ministry shall not give any approval for the purposes of
subsection (1) unless it is satisfied that the land being acquired
or taken on lease will be used wholly or mainly for the purposes
of relevant undertakings.

(3) A local authority may

Para.(a) rep. by SRO (NI) 1973/285

(b)dispose of any land acquired or taken on lease under subsection
(1).

(4) Where [the Ministry of Development or the Northern Ireland
Housing Executive] desire to acquire any land, otherwise than by
agreement, under this section [(i) the Ministry of Development may
make an order, or (ii) the Northern Ireland Housing Executive] may
apply to the Ministry for an order vesting in [it] the fee simple
or any lesser estate in that land, and

(a)the Ministry may make the vesting order in respect of the whole
of the land or any part of it;

(b)on an application for an order vesting the fee simple in the
land, the Ministry may make an order vesting in the [Northern
Ireland Housing Executive] such lesser estate in the land or in any
portion thereof as may be specified in the order.

[(5) Section 22(2) and the Schedule to the Local Government Act
(Northern Ireland) 1934 shall have effect for the purposes of a
vesting order made under subsection (4) subject to:

(a)the modifications specified in Schedule 1; and

(b)such modifications as make that section and Schedule applicable to
the acquisition of land by the Ministry or the Northern Ireland
Housing Executive.]

(6) For the purposes of this section and of the application, by
subsection (5), of the enactments mentioned in that subsection, the
interest of a grantee under a fee farm grant shall be deemed to
be a lesser estate than a fee simple.

(7) The Ministry shall not make a vesting order under subsection
(4) in respect of

(a)any land of an undertaking which is in use for the purposes of
the undertaking, being one which provides employment which is
substantial having regard to the extent of the land and the nature
of the undertaking; or

(b)any land owned or occupied by or on behalf of the Northern
Ireland Housing Trust, a [district council] or a public utility
undertaking.

(8) In this section

Definitions rep. by SRO (NI) 1973/285

"public utility undertaking" includes any body corporate carrying on
a gas, water, electricity, public transport or harbour undertaking,
and any undertaking for providing or improving drainage;

"relevant scheme" means a re-development or slum clearance scheme
made under the Housing Acts (Northern Ireland) 1890 to 1967;

"relevant undertaking" means an undertaking which is being carried on
on land which is being or has been acquired by [the Ministry of
Development for the purposes of any road works or by the Northern
Ireland Housing Executive for the purposes of a relevant scheme];

"road works" means any works executed, or proposed to be executed,
by or on behalf of a road authority;

"undertaking" means any trade or business or other activity providing
employment.

LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968 - SECT 2
Loans to relevant undertakings.

2.(1) Subject to subsection (2), the Ministry and, with the
Ministry's approval, [the Northern Ireland Housing Executive], may,
for the purpose of enabling a person carrying on a relevant
undertaking to purchase or take on lease any land or to erect any
buildings, advance money by way of mortgage or charge to that
person.

(2) The Ministry shall not make an advance under subsection (1) to
any person unless the land of the relevant undertaking carried on
by him is being or has been acquired by the Ministry for the
purposes of any road works.

(3) In this section ... "relevant undertaking" [has] the same
[meaning] as in section 1.

Part IISs. 311 rep. by SRO (NI) 1973/285; 1980 NI 11 art.64(2)
sch.9. S.12 rep. by 1970 c.2 (NI) s.192 sch.5. S.13 rep. by 1980
NI 11 art.64(2) sch.9. S.14(1)(a) rep. by SRO (NI) 1973/285;
para.(b) repeals in pt. sch.5 to 1948 c.28 (NI); para.(c) rep. by
SRO (NI) 1973/285; subs.(2) rep. by SRO (NI) 1973/285; 1980 NI 11
art.64(2) sch.9; subs.(3) rep. by 1980 NI 11 art.64(2) sch.9

S.15 rep. by SLR 1976. Ss.16, 17 rep. by 1980 NI 11 art.64(2)
sch.9

LOCAL GOVERNMENT AND ROADS ACT (NORTHERN IRELAND) 1968 - SECT 18
Short title and citation.

18.(1) This Act may be cited as the Local Government and Roads Act
(Northern Ireland) 1968.

(2) Part I and the Local Government Acts (Northern Ireland) 1898 to
1966 may be cited together as the Local Government Acts (Northern
Ireland) 1898 to 1968.

Subs.(3) rep. by 1980 NI 11 art.64(2) sch.9

1. References to a vesting order made under section 22 of the
Local Government Act (Northern Ireland) 1934 or to the powers
conferred by that section shall be construed as references to a
vesting order made under, or the powers conferred by, section 1,
respectively.

2. Subject to paragraph 1, references to section 22 of, or Schedule
2 to, that Act shall be construed as references respectively to
that section or Schedule as applied by section 1 and modified by
this Schedule.

3. In paragraph 27 of that Schedule, the reference to the area of
a local authority shall be construed as a reference to the locality
where the land is situated.

4.(1) In paragraph 28 of that Schedule, for the definition of
"land" there shall be substituted the definition contained in section
45(1)(a) of the Interpretation Act (Northern Ireland) 1954.

(2) In that Schedule "estate" shall have the meaning assigned by
section 45(2) of the Interpretation Act (Northern Ireland) 1954.

5. Where an application is made to the Ministry for a vesting
order in respect of a lesser estate than a fee simple or the
Ministry makes such an order, section 22(2) of and Schedule 2 to
the said Act of 1934 shall have effect with such modifications as
may be necessary to enable that estate to be acquired by means of
the vesting order and to enable compensation in respect thereof to
be duly paid or discharged and shall have effect as if for the
first paragraph of paragraph 6 of that Schedule there were
substituted the following:

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FISHERIES (AMENDMENT) ACT (NORTHERN IRELAND) 1968

FISHERIES (AMENDMENT) ACT (NORTHERN IRELAND) 1968 - LONG TITLE

An Act to amend the Fisheries Act (Northern Ireland) 1966 and the
Foyle Fisheries Act (Northern Ireland) 1952.
[12th December 1968]
Fishing licences.

FISHERIES (AMENDMENT) ACT (NORTHERN IRELAND) 1968 - SECT 1

1.(1) ..., the provisions set out in Schedule 1 shall be
substituted for the provisions of Part III of the Fisheries Act
(Northern Ireland) 1966 (in this Act referred to as "the Act of
1966"), ....

Subs.(2) rep. by SLR 1980

S.2 inserts s.15A in 1966 c.17 (NI). S.3 rep. by 1973 NI 1 art.45
sch.10. S.4 inserts s.185A in 1966 c.17 (NI). S.5(1) rep. by SLR
1976; subs.(2)(11) amend ss.54, 56, 58, 59, 62, 111, 112, 120, 176,
195 of 1966 c.17 (NI). S.6 amends ss.104, 197, 198 of 1966 c.17
(NI). S.7, with Schedule 2 effects amendments. S.8 amends ss.42, 48,
51A, 58, 63 of 1952 c.5 (NI)

FISHERIES (AMENDMENT) ACT (NORTHERN IRELAND) 1968 - SECT 9
Short title and citation.

9.(1) This Act may be cited as the Fisheries (Amendment) Act
(Northern Ireland) 1968, and may be cited

(a)together with the Act of 1966 as the Fisheries Acts (Northern
Ireland) 1966 and 1968;

(b)together with the Foyle Fisheries Acts (Northern Ireland) 1952 and
1962 as the Foyle Fisheries Acts (Northern Ireland) 1952 to 1968.

Subs.(2) rep. by SLR 1980

Schedules 1, 2Amendments. Schedule 3 rep. by SLR 1980