Sections 65, 66 and 67.
PART I Provisions which may be adapted for Northern Ireland
Section seven;
Sections thirteen and fourteen;
Sections nineteen to twenty-two;
In section twenty-three, subsections (8), (9), (10) and (11);
Section twenty-seven;
Section thirty-eight;
Sections forty-two to fifty;
Section fifty-two;
The Schedules referred to in the foregoing enactments and Parts VI and VII of this Act so far as they apply to the foregoing enactments.
PART II Provisions which may be extended to the Colonies, etc.
The enactments set out in Part I of this Schedule;
Sections eight to eleven;
Subsection (1) of section sixteen;
In section twenty-three, subsections (1), (5) and (6);
Sections forty and forty-one;
Section fifty-one;
Section fifty-three;
Section sixty-two;
The Eighth Schedule;
Parts VI and VII of this Act so far as they apply to the foregoing enactments.
TENTH SCHEDULE Orders for the Compulsory Purchase of Land in Northern Ireland under s. 19 (2)
Section 65.
PART I
Provisions as to the Compulsory Acquisition of Land
1 A compulsory purchase order shall be in the prescribed form and shall describe, by reference to a map the land to which the order applies, and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations,—
(a) the Lands Clauses Acts, except section ninety-two and sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845;
(b) the Acquisition of Land (Assessment of Compensation) Act, 1919; and
(c) sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845.
2 The modifications subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in a compulsory purchase order are as follows:—
(a) the arbitrator shall not take into account any building erected, or any improvement or alteration made, or any interest in land created, after the date on which notice of the order having been made is published in accordance with this Part of this Schedule, if in the opinion of the arbitrator, the erection of the building, or the making of the improvement or alteration, or the creation of the interest, in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining compensation or increased compensation;
(b) no person shall be required to sell a part only of any house, building or manufactory, or of any land which forms part of a park or garden belonging to a house, if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the arbitrator determines—
(i) in the case of a house, building or manufactory, that such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or
(ii) in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house;
and if he so determines, he shall award compensation in respect of any loss due to the severance of the part proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell to the local authority that part of the house, building, manufactory, park or garden.
3 Before submitting a compulsory purchase order to the Minister, the local authority by which the order was made shall—
(a) publish in a newspaper circulating in the district of the local authority a notice in the prescribed form stating that the order has been made and describing the area to which it applies, and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours, and
(b) serve on every owner, lessee and occupier (except tenants for a period not exceeding one month) of any land to which the order relates, a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within which, and the manner in which, objections to the order may be made.
4 If no objection to a compulsory purchase order is duly made by any of the persons upon whom notices are required by the last foregoing paragraph to be served, or if all such objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order with or without modification, but in any other case he shall, before confirming the order, cause a local inquiry to be held and consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order with or without modification :
Provided that—
(a) the Minister may require any person who made an objection to state in writing the grounds thereof, and may confirm the order without causing a local inquiry to be held, if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed; and
(b) the order as confirmed by the Minister shall not, unless all persons interested consent, authorise the local authority to purchase any land which the order would not have authorised them to purchase if it had been confirmed without modification.
5 (1) Where the Minister causes a local inquiry to be held under the last foregoing paragraph, the provisions of sections two hundred and nine, two hundred and ten, two hundred and twelve and two hundred and thirteen of the Public Health (Ireland) Act, 1878, shall apply with the substitution of the Minister for the Ministry of Health and Local Government for Northern Ireland.
(2) The costs in relation to the inquiry, not exceeding five guineas a day, shall be paid by the parties concerned in the inquiry, or by such of them and in such proportions as the Minister may direct, and the Minister may certify the amount of the costs incurred, and any sum so certified and directed by the Minister to be paid by any such party shall be a debt to the Crown from that party.
6 For the purposes of this Part of this Schedule a notice may be served—
(a) by registered post or by delivery to, or at the residence of, the person to whom it is addressed; or
(b) if the local authority is unable, after reasonable inquiry, to ascertain the name and address of the person upon whom the notice should be served, by addressing it to him—
(i) by name, if his name is known, or
(ii) if his name is not known, by the description of " owner " or " occupier " of the premises (naming them) to which the notice relates,
and by delivering the notice to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.
PART II
Restrictions on Acquisition of Land
1 The Minister shall not confirm a compulsory purchase order authorising the purchase of any land which is the site of an ancient monument or other object of archaeological interest or which forms part of any common, open space or allotment or which belongs to the council of a county, county borough or urban or rural district, or the commissioners of a town, or is held by any statutory undertakers for the purposes of their undertaking, and shall not confirm a compulsory purchase order authorising the purchase of any forest, plantation or area of woodland, except after consultation with the Ministry of Agriculture for Northern Ireland.
2 In this Part of this Schedule—
(a) the expression " common" includes any town or village green;
(b) the expression " open space " means any land laid out as a public garden or used for the purposes of public recreation, and any disused burial ground; and
(c) the expression " allotment" means any allotment set out as a fuel allotment or a field garden allotment under an Inclosure Act.
PART III
Validity and date of operation of Compulsory Purchase Orders
1 As soon as may be after a compulsory purchase order has been confirmed by the Minister, the local authority by which the order was made shall publish in a newspaper circulating in the district of the local authority a notice in the prescribed form stating that the order has been so confirmed, and naming a place where a copy of the order and of any map therein referred to may be seen at all reasonable hours, and shall serve a like notice on every person who, having given notice of his objection to the order, appeared at the local inquiry in support of his objection.
2 If any person aggrieved by a compulsory purchase order desires to question the validity of the order, or of any provision contained therein, on the ground that it is not within the powers of this Act, or that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the order, he may, within six weeks after the date on which notice of the confirmation of the order is published in accordance with the last foregoing paragraph, make an application for the purpose to the High Court, and upon any such application the court—
(a) may by interim order suspend the operation of the order in question or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings, and
(b) if satisfied that the order in question or any provision contained therein is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act or of any regulation made thereunder not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant.
3 Subject to the foregoing provisions of this Part of this Schedule, a compulsory purchase Order shall not, either before or after it has been confirmed, be questioned in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which notice of the confirmation of the order is published in accordance with this Schedule.
4 Except by leave of the Court of Appeal no appeal shall lie to the House of Lords from a decision of the Court of Appeal under this Part of this Schedule.
PART IV
Regulations
The Minister may make regulations prescribing anything which may be prescribed for the purposes of this Schedule.
Section 69.
Public Health Act, 1936, s. 143
1 (1) In section one hundred and forty-three of the Public Health Act, 1936 (which empowers the Minister of Health to make regulations with a view to the treatment of certain diseases and for preventing the spread of such diseases) for references to the Secretary of State there shall be substituted references to the Minister.
(2) The said section shall have effect in relation to aerodromes for the time being vested in or under the control of the Minister, and in relation to persons in aircraft arriving at or departing from such aerodromes, subject to the following modifications, that is to say—
(a) in subsection (3) thereof, for the words " shall satisfy the authorities, 'whether county councils, local authorities, or port health authorities, by whom they are to be enforced and executed " there shall be substituted the words " may provide for their enforcement and execution by officers designated for that purpose by the Minister or the Minister of Civil Aviation ";
(b) in subsection (4) for the words " Authorised officers of any such authority " there shall be substituted the words " Officers so designated as aforesaid ".
(3) Without prejudice to the generality of the power conferred by the said section, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection.
(4) His Majesty may by Order in Council direct that the said section, so far as it relates to such regulations as are specified in subsection (9) thereof, shall apply in relation to aerodromes in Northern Ireland for the time being vested in or under the control of the Minister of Civil Aviation, and in relation to persons and aircraft arriving at or departing from such aerodromes, subject to such exceptions, modifications and adaptations as may be specified in the Order.
(5) His Majesty may by Order in Council direct that any regulations made under the said section as that section has effect by virtue of foregoing provisions of this paragraph shall extend, with such exceptions, modifications and adaptations, if any, as may be specified in the Order, to any of the Channel Islands or to the Isle of Man.
For the purposes of this sub-paragraph, subsections (4) and (5) of the said section shall be deemed to form part of the regulations mentioned in this sub-paragraph.
Public Health (Scotland) Act, 1945, s. 1
2 (1) Section one of the Public Health (Scotland) Act, 1945 (which empowers the Secretary of State to make regulations with a view to the treatment of certain diseases and for preventing the spread of such diseases) shall have effect in relation to aerodromes for the time being vested in or under the control of the Minister of Civil Aviation, and in relation to persons and aircraft arriving at or departing from such aerodromes, subject to the following modifications, that is to say—
(a) in subsection (3) for the words " shall satisfy the authorities, whether local authorities or port local authorities, by whom they are to be enforced and executed" there shall be substituted the words " may provide for their enforcement and execution by officers designated for that purpose by the Secretary of State or the Minister of Civil Aviation ".
(b) in subsection (4), for the words " Authorised officers of any such authority" there shall be substituted the words " Officers so designated as aforesaid ".
(2) Without prejudice to the generality of the powers conferred by the said section, regulations made thereunder may provide for requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection.
Air Navigation Act, 1936
3 Part VI of this Act applies to sections twenty-four and twenty-six of the Air Navigation Act, 1936.
Railway (Air Transport) Acts
4 In the Great Western Railway (Air Transport) Act, 1929, the London and North Eastern Railway (Air Transport) Act, 1929, the London, Midland and Scottish Railway (Air Transport) Act, 1929, and the Southern Railway (Air Transport) Act, 1929, references to the Secretary of State or to the Air Council or to the President of the Air Council shall be construed as references to the Minister.
Other Local and Private Acts
5 Any enactment contained in a local or private Act other than the Acts hereinbefore mentioned, being an enactment relating to civil aviation, shall have effect subject to such modifications as may be specified by Order in Council for the purpose of the transfer to the Minister of functions of the Secretary of State relating to civil aviation.
Section 70.
Session and Chapter | Short title | Extent of repeal
10 & 11 Geo. 5. c. 80. | The Air Navigation Act, 1920. | The whole Act.
26 Geo. 5. & 1 Edw. 8. c. 44. | The Air Navigation Act, 1936. | The whole Act, save sections twenty-four and twenty-six and in subsection (1) of section thirty-five the words " This Act may be cited as the Air Navigation Act, 1936", and the Fourth Schedule.
1 & 2 Geo. 6. c. 33. | The Air Navigation (Financial Provisions) Act, 1938. | The whole Act.
2 & 3 Geo. 6. c. 61. | The British Overseas Airways Act, 1939. | Section thirty and the Fourth Schedule.
8 & 9 Geo. 6. c. 21. | The Ministry of Civil Aviation Act, 1945. | The whole Act, save so far as it amends the British Overseas Airways Act, 1939.
9 & 10 Geo. 6. c. 28. | The Assurance Companies Act, 1946. | In section one, in subsection (1), the words from the beginning to the words " Part III of that Act and ".
In section five, in subsection (1) paragraph (c); in subsection (2) paragraph (c); in subsection (3) the words " or sub-paragraph (2) of paragraph 7 of the Third Schedule to the Air Navigation Act, 1936 ".
In the Second Schedule the proviso to paragraph 1 of Part I and paragraph (a) of sub-paragraph (2) of paragraph 3 of Part III.
9 & 10 Geo. 6. c. 70. | The Civil Aviation Act, 1946. | Part II.
Sections thirty-six to forty-six.
Sections forty-eight and forty-nine.
Section fifty-two.
In section fifty-three, subsections (3) to (10), and (12), (13) and (15).
Section fifty-four.
In section fifty-five, in subsection (1) the words from " except " to the second " aerodromes " and from " For the purposes of" to the end of the subsection.
The Third, Fourth, Fifth and Sixth Schedules.
10 & 11 Geo. 6. c. 18. | The Air Navigation Act, 1947. | The whole Act.
10 & 11 Geo. 6. c. 51. | The Town and Country Planning Act, 1947. | At the end of the Eighth Schedule the amendments of the Civil Aviation Act, 1946.
10 & 11 Geo. 6. c. 53. | The Town and Country Planning (Scotland) Act, 1947. | In the Eighth Schedule the amendments of the Civil Aviation Act, 1946.
Act of the Parliament of Northern Ireland
10 & 11 Geo. 6. c. 1. | The Assurance Companies Act (Northern Ireland), 1947. | In section one, in subsection (1), the words from the beginning to the words " Part III of that Act and ".
In section five, paragraph (b) of subsection (1) and paragraph (b) of subsection (2).
In the Second Schedule, the proviso to paragraph 1 of Part I and sub-paragraph (2) of paragraph 3 of Part III.
Order in Council
S.R. & O., 1936, No. 1378. | The Air Navigation (Northern Ireland) (Adaptation of Enactments) Order, 1936. | In the Schedule, the amendments of the First Schedule to the Air Navigation Act, 1936.
Table of Statutes referred to in this Act
Short Title | Session and Chapter
Small Tenements Recovery Act, 1838 | 1 & 2 Vict. c. 74.
Defence Act, 1842 | 5 & 6 Vict. c. 94.
Lands Clauses Consolidation Act, 1845 | 8 & 9 Vict. c. 18.
Railways Clauses Consolidation Act, 1845 | 8 & 9 Vict. c. 20.
Harbours, Docks and Piers Clauses Act, 1847 | 10 & 11 Vict. c. 27.
Petty Sessions (Ireland) Act, 1851 | 14 & 15 Vict. c. 93.
Ordnance Board Transfer Act, 1855 | 18 & 19 Vict. c. 117.
Police (Scotland) Act, 1857 | 20 & 21 Vict. c. 72.
Dockyard Ports Regulation Act, 1865 | 28 & 29 Vict. c. 125.
Documentary Evidence Act, 1868 | 31 & 32 Vict. c. 37.
Promissory Oaths Act, 1868 | 31 & 32 Vict. c. 72.
Defence Acts Amendment Act, 1873 | 36 & 37 Vict. c. 72.
Public Health (Ireland) Act, 1878 | 41 & 42 Vict. c. 52.
Municipal Corporations Act, 1882 | 45 & 46 Vict. c. 50.
Interpretation Act, 1889 | 52 & 53 Vict. c. 63.
Local Registration of Title (Ireland) Act, 1891 | 54 & 55 Vict. c. 66.
Burgh Police (Scotland) Act, 1892 | 55 & 56 Vict. c. 55.
Notice of Accidents Act, 1894 | 57 & 58 Vict. c. 28.
Merchant Shipping Act, 1894 | 57 & 58 Vict. c. 60.
Public Health (Scotland) Act, 1897 | 60 & 61 Vict. c. 38.
Assurance Companies Act, 1909 | 9 Edw. 7.c. 49.
London County Council (Finance Consolidation) Act, 1912 | 2 & 3 Geo. 5. c. cv.
Defence of the Realm (Acquisition of Land) Act, 1916 | 6 & 7 Geo. 5. c. 63.
Air Force (Constitution) Act, 1917 | 7 & 8 Geo. 5. c. 51.
Acquisition of Land (Assessment of Compensation) Act, 1919 | 9 & 10 Geo. 5. c. 57.
Government of Ireland Act, 1920 | 10 & 11 Geo. 5. c. 67.
Air Navigation Act, 1920 | 10 & 11 Geo. 5. c. 80.
Police Pensions Act, 1921 | 11 & 12 Geo. 5. c. 31.
Conveyancing (Scotland) Act, 1924 | 14 & 15 Geo. 5. c. 27.
Land Charges Act, 1925 | 15 & 16 Geo. 5. c. 22.
Great Western Railway (Air Transport) Act, 1929 | 19 & 20 Geo. 5.c.liv.
London North Eastern Railway (Air Transport) Act, 1929 | 19 & 20 Geo. 5.c.lv.
London Midland and Scottish Railway (Air Transport) Act, 1929 | 19 & 20 Geo. 5. c. lvi.
Southern Railway (Air Transport) Act, 1929 | 19 & 20 Geo. 5. c. lvii.
Third Parties (Rights against Insurers) Act, 1930 | 20 & 21 Geo. 5. c. 25.
Road Traffic Act, 1930 | 20 & 21 Geo. 5.c. 43.
Merchant Shipping (Safety and Load Line Conventions) Act, 1932 | 22 & 23 Geo. 5. c. 9.
Carriage by Air Act, 1932 | 22 & 23 Geo. 5.c. 36.
Local Government Act, 1933 | 23 & 24 Geo. 5. c. 51.
Law Reform (Miscellaneous Provisions) Act, 1934 | 24 & 25 Geo. 5. c. 41.
Road Traffic Act, 1934 | 24 & 25 Geo. 5. c. 50.
Restriction of Ribbon Development Act, 1935 | 25 & 26 Geo. 5. c. 47.
Air Navigation Act, 1936 | 26 Geo. 5. & 1 Edw. 8. c. 44.
Public Health Act, 1936 | 26 Geo. 5. & 1 Edw. 8. c. 49.
Private Legislation Procedure (Scotland) Act, 1936 | 26 Geo. 5. & 1 Edw. 8. c. 52.
Ministers of the Crown Act, 1937 | 1 Edw. 8. & 1 Geo. 6. c. 38.
Air Navigation (Financial Provisions) Act, 1938 | 1 & 2 Geo. 6. c. 33.
British Overseas Airways Act, 1939 | 2 & 3 Geo. 6. c. 61.
Town and Country Planning Act, 1944 | 7 & 8 Geo. 6. c. 47.
Ministry of Civil Aviation Act, 1945 | 8 & 9 Geo. 6. c. 21.
Town and Country Planning (Scotland) Act, 1945 | 8 & 9 Geo. 6. c. 33.
Requisitioned Land and War Works Act, 1945 | 8 & 9 Geo. 6. c. 43.
Public Health (Scotland) Act, 1945 | 9 & 10 Geo. 6. c. 15.
Statutory Orders (Special Procedure) Act, 1945 | 9 & 10 Geo. 6. c. 18.
Assurance Companies Act, 1946 | 9 & 10 Geo. 6. c. 28.
Acquisition of Land (Authorisation Procedure) Act, 1946. | 9 & 10 Geo. 6. c. 49.
Civil Aviation Act, 1946 | 9 & 10 Geo. 6. c. 70.
Air Navigation Act, 1947 | 10 & 11 Geo. 6.c. 18.
Town and Country Planning Act, 1947 | 10 & 11 Geo. 6. c. 51.
Town and Country Planning (Scotland) Act, 1947 | 10 & 11 Geo. 6.c. 53.
Mandated and Trust Territories Act, 1947 | 11 & 12 Geo. 6. c. 8.
British Nationality Act, 1948 | 11 & 12 Geo. 6. c. 56.
Lands Tribunal Act, 1949 | 12 & 13 Geo. 6. c. 42.
Merchant Shipping (Safety Conventions) Act, 1949 | 12 & 13 Geo. 6. c. 43.