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ROADS (NORTHERN IRELAND) ORDER 1980

ROADS (NORTHERN IRELAND) ORDER 1980 - LONG TITLE

[28th July 1980]
[{1}Article 104(1) of the Road Traffic (Northern Ireland) Order
1981|]; and C >>( c ) land required for the purpose of providing
a means of access to a road from any land, including any land
which will be, or has been, deprived of a means of access to a
road by the construction or improvement of a road, if it is not
reasonably practicable to provide that means of access otherwise than
by the exercise of powers under this Article. B >(3) Where the
Department in exercise of the power conferred on it by paragraph
(1) desires to acquire any land otherwise than by agreement, the
Department may make an order (in this Article referred to as a
""vesting order'') vesting the land in the Department. <1972 c.9   which is the property of any public body which has power under any transferred provision to acquire land compulsorily; or C >>( b ) which
is declared by or under any transferred provision to be inalienable;
B shall not, where representations objecting to the proposal for
making the order have been duly made by the owner of the land and
have not been withdrawn, be exercised in relation to that land
unless the proposal for making the order has been approved by a
resolution of the Northern Ireland Assembly. B>(7) In paragraph (6)
""public body'' has the same meaning as in section 148 of the
Local Government Act (Northern Ireland) 1972. <1933 c.6 ]
shall apply in the same manner as it applies to offences under
that [Order].

ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 58

58.(1) The Department

(a)shall cause to be held any such inquiry as is directed by this
Order; or

(b)may cause an inquiry to be held in relation to the exercise of
any of its functions under this Order.

(2) For the purposes of paragraph (1), Schedule 8 to the Health
and Personal Social Services (Northern Ireland) Order 1972 (which
applies in relation to inquiries by virtue of section 23 of the
Interpretation Act (Northern Ireland) 1954) shall have effect as if
the words "or may, if the Department so determines, be wholly or
partly defrayed by the Department" were added at the end of
paragraph 6 of that Schedule.

ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 59

59. Subject to the provisions of this Order, the Arbitration Act
(Northern Ireland) 1937 shall, in relation to arbitrations under this
Order, have effect as if the parties had entered into an
arbitration agreement within the meaning of that Act providing for
reference to a single arbitrator.

ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 60

60.(1) The Department shall, where it appears necessary or desirable
to do so and in any case at least once in each year, consult
each district council with respect to proposals of the Department to
exercise its functions under this Order in the district of that
council.

(2) A district council may make representations to the Department
about the exercise by the Department of its functions under this
Order in the district of that council and the Department shall pay
due regard to any such representations.

ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 61

61.(1) Any expenses incurred by the Department under this Order
shall be defrayed either out of moneys appropriated for the purposes
of defraying such expenses or, if the Department of Finance so
directs in relation to expenses for capital purposes, by means of
sums charged on and issued out of the Consolidated Fund.

(2) The Department of Finance may borrow moneys for the purpose of
issues out of the Consolidated Fund under paragraph (1).

(3) Any moneys borrowed under paragraph (2) shall be repaid within
any period or periods not exceeding 25 years from the date of
borrowing, and provision for such payment may be made out of moneys
appropriated for that purpose.

(4) The aggregate of the sums charged on and issued out of the
Consolidated Fund under paragraph (1) or under section 24(1) of the
Special Roads Act (Northern Ireland) 1963 shall not exceed
#420,000,000.

ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 62

62. Where any provision of this Order enables the Department to
recover expenses which it has incurred, the Department may recover
those expenses summarily or in any court of competent jurisdiction
as a civil debt due to it.

ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 63

63.(1) Schedule 6 shall have effect with respect to the making of
orders under any of the following Articles, namely

(a)Article 4(1) (construction of bridges and tunnels in relation to
navigable waters);

(b)Article 5(1) (diversion of navigable watercourses);

(c)Article 6 (extinguishment of certain public rights over navigable
waters and foreshore);

(d)Article 13(1) (trunk roads);

(e)Article 14(1) (designation of special roads);

(f)Article 16(1) (restriction of access, etc. in connection with
special roads);

(g)Article 40(1) (abandonment and stopping-up of roads).

(2) Proceedings under Schedule 6 may be taken concurrently (so far
as practicable) with proceedings required to be taken under Article
53 and Schedule 4 (procedure for making vesting orders); so however
that where the Department wishes to acquire land compulsorily in
connection with a special road or proposed special road, an order
vesting the land in the Department shall not be made until the
road has been designated as a special road in accordance with
Article 14.

(3) An order made under any of the Articles set out in paragraph
(1)

(a)shall, together with such observations of the Department upon
objections made to the proposed order and not withdrawn and such
other observations as the Department considers appropriate, be laid
before the Northern Ireland Assembly; and

(b)shall be subject to negative resolution.

(4) Regulations made under this Order shall be subject to negative
resolution.

ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 64

64.(1) The saving provisions and consequential amendments set out in
Schedules 7 and 8 shall have effect.

Para.(2), with Schedule 9, effects repeals

(3) Any transferred local provision pertaining to the Department's
functions in relation to roads is hereby repealed.

(4) In the Schedule to the Local Government (Modifications and
Repeals) Order (Northern Ireland) 1973, the entries relating to the
statutory provisions mentioned in Schedule 9 are hereby revoked to
the extent that they modify those provisions.

1. Motor tractors, heavy motor cars, motor cars and motor-cycles
whereof the cylinder capacity of the engine is not less than 50
cubic centimetres, and trailers drawn thereby, which comply with
general regulations as to construction and use made under [Article
28 of the Road Traffic (Northern Ireland) Order 1981 (in this
Schedule referred to as "the Order of 1981")], and in the case of
which the following conditions are satisfied

(i)that the whole weight of the vehicle is transmitted to the road
surface by means of wheels;

(ii)that all wheels of the vehicle are equipped with pneumatic
tyres;

(iii)that the vehicle is not controlled by a pedestrian;

(iv)in the case of a motor vehicle it is so constructed as to be
capable of attaining a speed of 25 miles per hour on the level
under its own power, when unladen and not drawing a trailer; and

(v)that the vehicle is not a vehicle mentioned in paragraph 2(1) of
Part I of Schedule 3 to the Vehicles (Excise) Act (Northern
Ireland) 1972.

2. Motor vehicles and trailers, the use of which for or in
connection with the conveyance of abnormal indivisible loads is
authorised by an order made under [Article 29(3) of the Order of
1981].

3. Heavy and light locomotives when being used for or in connection
with the conveyance of abnormal indivisible loads.

4. Motor vehicles and trailers constructed for naval, military, air
force or other defence purposes, the use of which is authorised by
an order under [Article 29(3) of the Order of 1981].

5. Motor vehicles controlled by pedestrians.

6. All motor vehicles (other than invalid carriages and motor-cycles
whereof the cylinder capacity of the engine is less than 50 cubic
centimetres) not comprised in Class I, Class II or Class III.

7. Vehicles drawn by animals

8. Vehicles (other than pedal-cycles, perambulators, push-chairs and
other forms of baby carriages) drawn or propelled by pedestrians.

9. Pedal-cycles.

10. Animals ridden, led or driven.

11. Pedestrians, perambulators, push-chairs and other forms of baby
carriages and dogs held on a lead.

12. Motor-cycles whereof the cylinder capacity of the engine is less
than 50 cubic centimetres.

13. Invalid carriages.

14. In this Schedule

"abnormal indivisible load" means a load which

(a)cannot without undue expense or undue risk of damage be divided
into two or more loads for conveyance on a road; and

(b)owing to its dimensions or weight can only by carried by motor
vehicles or trailers the use of which on roads is lawful only by
reason of an order made under [Article 29(3) of the Order of
1981];

"invalid carriages" means mechanically propelled vehicles the weight
of which unladen does not exceed 5 hundredweight and which are
specially designed and constructed, and not merely adapted, for the
use of persons suffering from some physical defect or disability and
are used in accordance with conditions prescribed by regulations made
under the [Order of 1981]; and

1.(1) Notice under Article 30 may be served

(a)upon the owner or occupier of the land directing him

(i)to remove any building or structure whether permanent or
temporary, the removal of which is in the opinion of the Department
expedient for the prevention of any such danger as is mentioned in
that Article;

(ii)to provide or improve any means of access to any buildings or
structure;

<(iii)to provide or improve any accommodation for vehicles standing or waiting for any purpose connected with the user of any building or structure;

(b)upon the owner or occupier of the land directing him to alter
the height or character of any wall, fence, tree or hedge thereon
so as to cause it to conform with any requirements specified in
the notice; or

(c)upon every owner, occupier or lessee of the land restraining him,
either absolutely or subject to such conditions as may be specified
in the notice, from permitting any building, wall, fence, tree or
hedge to be erected or planted on the land.

(2) There shall be annexed to any notice served under Article 30 a
plan showing the land to which the notice relates; and notice of
the right of objection shall be given in the notice.

2. Any restrictions imposed by a notice served under Article 30
shall be registered pursuant to Part X of the Land Registration Act
(Northern Ireland) 1970 and shall remain in force until the notice
is withdrawn by the Department and the registration is cancelled in
accordance with the provisions of that Part, and any such
restrictions shall, while in force, be binding upon any successor in
title to the owner, occupier, or lessee, of the land to which they
relate.

3.(1) If any person upon whom a notice has been served under
Article 30 objects to complying with any requirement of the notice
or objects to any restriction imposed thereby, he may, within 21
days of receiving the notice, give notice in writing to the
Department stating his objection and the grounds thereof and
requiring the matter in dispute to be heard and determined by a
barrister or solicitor of not less than ten years' standing,
practising in Northern Ireland, to be appointed by the Lord Chief
Justice.

(2) A person so appointed shall for the purpose of such hearing
have all the powers conferred on an arbitrator by the Arbitration
Act (Northern Ireland) 1937.

(3) In determining any question whether a notice shall be withdrawn
as respects a requirement or restriction objected to, the arbitrator
shall have power to order that the requirement or restriction shall
have effect subject to such modifications (if any) as the arbitrator
may direct.

4. Any person upon whom a notice is served under Article 30 shall
have power, notwithstanding anything in any conveyance or in any
lease or other instrument or agreement, to do all such things as
may be necessary for complying with the requirements of the notice.

5.(1) Where notice has been served upon any person under Article 30
the Department may, with the consent of that person, do on his
behalf anything necessary for complying with the requirements of the
notice.

(2) Where any such person, within 21 days after the service upon
him of the notice, signifies in writing to the Department his
assent to the doing by the Department on his behalf of any such
thing as aforesaid, such person shall not be liable to any fine
under paragraph 6.

6. Subject to the provisions of this Schedule, if any person upon
whom a notice has been served under Article 30 contravenes the
notice, he shall, without prejudice to any other proceedings which
may be taken against him, be guilty of an offence and liable on
summary conviction to a fine not exceeding #200.

7.(1) Any person upon whom a notice is served under Article 30
shall be entitled to recover from the Department any expenses
reasonably incurred by him in carrying out any directions contained
in the notice.

(2) Any persons sustaining loss in direct consequence of any
requirement of a notice served under Article 30, or any person who
proves that his property is injuriously affected by restrictions
imposed by any such notice, shall, if he makes a claim within six
months after the service of the notice, be entitled to recover from
the Department compensation for the loss or injury sustained.

(3) If any question arises whether compensation is payable under
this provision, or as to the amount of any compensation so payable,
the question shall be referred to and determined by the Lands
Tribunal.

8. Nothing in Article 30 or this Schedule shall apply with respect
to any building or other structure belonging to a railway
undertaking or to the owners, trustees or conservators acting under
powers conferred by any statutory provision of any canal, inland
navigation, dock or harbour, where the building or other structure
forms part of, or is necessary for the maintenance of, their
railway, canal, inland navigation, dock or harbour.

9. Article 30 and this Schedule shall apply to stacks of turf,
hay, corn or other produce, wood piles, wooden sheds and other
similar temporary erections in like manner as they apply to a fence
or hedge.

1. Where the Department proposes to make an order under Article
41(1), it shall publish in at least one newspaper circulating in
the area in which the premises are situated a notice

(a)stating the general effect of the proposed order;

(b)specifying a place in that area where a copy of a draft of the
order and of any relevant map or plan may be inspected by any
person free of charge at all reasonable hours during a period of
not less than thirty days from the date of the last publication of
the notice;

(c)stating that, within that period, any person may by notice to
the Department inform it of the grounds upon which he objects to
the making of the order.

2.(1) The Department shall, not later than the date on which the
notice referred to in paragraph 1 is published, serve a copy
thereof together with a copy of a draft of the order and of any
relevant map or plan on the owner and the occupier of each of the
premises affected by the order.

(2) Where the Department proposes to modify the terms of the draft
of the order, the Department shall give and publish, in such manner
as appears to it to be appropriate, such additional notices as the
Department considers appropriate for informing all persons likely to
be adversely affected by the modification.

3. If it appears to the Department, when preparing an order, that
a new means of access to any premises is likely to have to be
provided by it to take the place of a means of access to be
stopped-up under the order, then the Department shall indicate in
the map or plan referred to in the order the proposed route of
that new means of access, and shall serve on the owner and
occupier of the land which will be required for the provision of
that new means of access (if different from the owner and occupier
of the premises) a copy of the notice and the other documents
referred to in paragraph 1(b).

4. If, before the expiration of the period referred to in paragraph
1(b), the Department receives an objection from any person on whom
a copy of the notice is required to be served under paragraph 2(1)
or from any other person appearing to it to be affected, it may
cause a local inquiry to be held.

5. After considering

(a)any objections to the proposed order which are not withdrawn;

(b)where a local inquiry is held, the report of the person who
held it,

Schedule 4 modifies sch.6 to 1972 c.9 (NI) for the purposes of
art.53(4)see Schedule 5 for sch.6 as modified

1. (Not applicable).

2. Where the Department proposes to acquire land otherwise than by
agreement, notice of its intention to do so

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

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

(c)shall also be served by the Department on such government
departments and public bodies as the Department considers fit; and

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

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

(b)after causing a local inquiry to be held (if it appears to the
Department to be necessary to do so);

(i)make a vesting order, which may contain any modifications of the
Department's proposal that the Department thinks proper, vesting in
the Department 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)decide not to make the order.

(2) If a local inquiry is held as aforesaid, 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
a vesting order, the Department shall consider the report of the
person who held the inquiry.

4. A vesting order shall contain such provisions as the Department
thinks necessary or expedient for carrying it into effect.

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
Department shall publish 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 has given notice to the Department of his objection to the
making of the vesting order;

(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 the Roads (Northern Ireland) Order 1980 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 the Roads
(Northern Ireland) Order 1980, 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 Department 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 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 Department on such government departments and public
bodies as the Department considers fit.

6.(1) Subject to sub-paragraph (3), a vesting order shall operate,
without further assurance, to vest in the Department, 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 Consolidated Fund (in this Schedule referred to as "the
compensation fund"), and shall be discharged by payments made by the
Department.

(3) Where a vesting order relates to registered land, the
Department, 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
Department of Finance to any apportionment of the annuity.

9. On and after the date of vesting the Department or any person
authorised by the Department 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 Department, requiring the Department
to acquire the remainder thereof.

(3) Where a notice is served on the Department under sub-paragraph
(2) the Department 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 Department 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 Department 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 Department,

(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 Department 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 Department shall give to the Department of
Finance notice of any agreement for the payment of compensation by
the Department to any person who has an estate in the land, and
if the Department of Finance notifies the Department 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 Department 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
Department shall as soon as practicable thereafter cause to be made
out maps and schedules 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
Department (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 Department shall deliver to the appropriate officer of the
Lands Tribunal one copy of each of the maps and schedules certified
by the Department as correct, and publish 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 Department 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 Department.

(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 Department 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 Department, 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, which
shall be prepared by, and executed at the cost of, the Department,
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 Department 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 Department 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 such form as may be approved by the
Department stating whether he claims as absolute or as limited
owner, and gives prima facie evidence which satisfies the Department
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 Department
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 Department 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 bein 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 Department at its expense to all persons appearing to the
Department 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 Department for the amount
found due in respect of the claim, and any sum so awarded shall
be a debt due to the Department 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 Department to obtain a good
discharge therefor,

(a)if the total amount of the compensation does not exceed #1,000,
the Department 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 Department 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 Department 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 Department of Finance.

19. (Not applicable.)

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) (Not applicable.)

1. Before making an order the Department shall publish in the
Belfast Gazette and once at least in each of two successive weeks
in one or more newspapers circulating in the area in which the
road, bridge, tunnel, foreshore or navigable watercourse or proposed
road, bridge or tunnel to which the order relates is situated a
notice

(a)stating the general effect of the proposed order;

(b)specifying a place in that area where a copy of a draft of the
order and of any relevant map or plan may be inspected by any
person free of charge at all reasonable hours during a period of
not less than thirty days from the date of the last publication of
the notice; and

(c)stating that, within that period, any person may, by notice to
the Department, inform it of the grounds upon which he objects to
the making of the order.

2.(1) The Department shall, not later than the date on which the
notice referred to in paragraph 1 is last published, serve a copy
thereof together with a copy of a draft of the order and of any
relevant map or plan on

(a)a relevant body in whose area any road, bridge, tunnel, foreshore
or navigable watercourse, to which the draft of the order relates,
is situated;

(b)in relation to a draft of an order under Article 6 or any
order affecting the foreshore, the Crown Estate Commissioners;

(c)in relation to an order under Article 4(1), 5(1) or 6, the
Secretary of State concerned with navigation.

(2) Where the Department proposes to modify the terms of the draft
of the order, the Department shall give and publish, in such manner
as appears to it to be appropriate, such additional notices as the
Department considers appropriate for informing all persons likely to
be adversely affected by the modification.

(3) In this paragraph "relevant body" means

(a)in the case of an order made under Article 4(1), 5(1) or 6

(i)the Commissioners of Irish Lights,

(ii)a district council,

<(iii)a harbour authority as defined in the Harbours Act (Northern Ireland) 1970,

<(iv)the Fisheries Conservancy Board,

(v)the Foyle Fisheries Commission,

<(vi)a pilotage authority within the meaning of the Pilotage Act 1913;

(b)in any other case, a district council.

3. Where the proposed order provides for the abandonment or
stopping-up of any road, the Department shall, not later than the
date on which the notice referred to in paragraph 1 is last
published, cause a copy of that notice to be displayed in a
prominent position on that part of the road which is proposed to
be abandoned or stopped-up.

4.(1) If, before the expiration of the period referred to in
paragraph 1(b), the Department receives an objection from any person
on whom a copy of the notice is required to be served under
paragraph 2(1) or from any other person appearing to it to be
affected, it shall, subject to sub-paragraph (2), cause a local
inquiry to be held unless the objection is withdrawn.

(2) Unless the objection is made by a person on whom a notice was
served under paragraph 2(1), the Department may dispense with an
inquiry if it is satisfied that it is unnecessary to hold one.

5. After considering

(a)any objections to the proposed order which are not withdrawn;

(b)where a local inquiry is held, the report of the person who
held it,

6. If it appears to the Department that in any order to which
this Schedule applies the description of any road, proposed road,
bridge, tunnel, navigable watercourse or foreshore is in any respect
incorrect or insufficiently clear, the Department may by order make
such modifications in the provisions of the first-mentioned order as
may be necessary for correcting or clarifying such description and
the provisions of this Schedule shall not apply to such an order,
but the Department shall publish notice of the making of the order
in one or more than one newspaper circulating in the area to which
the order relates.

1. Subject to paragraph 2, nothing in this Order, or in any order
made under it, shall affect any powers of the Post Office under
the provisions of the Telegraph Acts or apply to any telegraphic
lines placed or maintained by virtue of those provisions.

2. Where in pursuance of an order under Article 40 any road is
stopped-up, diverted or abandoned and, immediately before that order
comes into force there is under, in, upon, over, along or across
the road any telegraphic line belonging to or used by the Post
Office, the Post Office shall have the same powers in respect of
that line as if the order had not come into force.

3. For the purposes of section 7 of the Telegraph Act 1878, any
work proposed to be carried out under this Order shall be deemed
to be work proposed to be done in the execution of an undertaking
authorised by an Act of Parliament and the Department shall be
deemed to be an undertaker for the purposes of paragraphs (1) to
(5) of the said section 7.

4. In paragraphs 1 to 3

"telegraphic line" has the same meaning as in the Telegraph Act
1878, and

"the Telegraph Acts" means the Telegraph Act 1863, the Telegraph Act
1868, the Telegraph Act 1878, the Telegraph Act 1892, the Telegraph
(Construction) Act 1908, the Telegraph (Arbitration) Act 1909, the
Telegraph (Construction) Act 1911 and the Telegraph (Construction) Act
1916.

5. Nothing in this Order shall prejudice or affect the operation of
an agreement made between the Belfast Harbour Commissioners and the
Ministry of Home Affairs on 8th June 1938 with respect to the
construction by that Ministry of a road connecting the Newtownards
Road in the City of Belfast with the main road between Belfast and
Holywood in County Down, and to other matters related to such
construction; and that agreement shall in all respects have effect
as if this Order had not been made.

6. Except as otherwise provided under this Order, the repeal by
this Order of sections 17, 34 and 41 of, and Schedules 5 and 6
to, the Roads Act (Northern Ireland) 1948 and any provision
modifying those sections and Schedules shall not prejudice the
operation of those sections and Schedules and any such provisions,
as applied for the purposes of any other statutory provision passed
before the coming into operation of this Order, and those sections,
Schedules and provisions shall continue to have effect for the
purposes of that other provision as if this Order had not been
made.

7. Notwithstanding the repeal of section 8 of, and Schedule 2 to,
the Special Roads Act (Northern Ireland) 1963, Part III shall apply
in relation to roads mentioned in subsections (1) and (2) of that
section as if those roads were designated as special roads by an
order made under Article 14.

Schedule 8Amendments. Schedule 9Repeals.