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The Roads (Northern Ireland) Order 1993

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This is the original version (as it was originally made).

9.  In paragraph 10 for sub-paragraph (3) substitute—

(2A) Where a notice is served by any person on the Department under sub-paragraph (2), the Department may serve on that person a counter notice, stating that for the reasons specified the Department is not willing to acquire the remainder of the house, building or factory.

(3) Where a notice is served on the Department under sub-paragraph (2) then, notwithstanding that the Department has served a counter notice under sub-paragraph (2A), the Department shall acquire the remainder of the house, building or factory unless—

(a)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; or

(b)the person who served the notice under sub-paragraph (2) withdraws the notice in accordance with sub-paragraph (3A).

(3A) A person who has served a notice under sub-paragraph (2) in relation to the remainder of a house, building or factory may withdraw that notice at any time before the amount to be paid for the remainder has been agreed with the Department or determined by the Lands Tribunal or at any time before the end of 6 weeks beginning with the date on which that amount is so agreed or determined..

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