The Roads (Northern Ireland) Order 1993

Vesting orders N.I.

113.—(1) Where the Department in exercise of the power conferred on it by Article 110, 111 or 112 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.

(2) Schedule 6 to the Local Government Act (Northern Ireland) 1972F1 shall, subject to the modifications specified in Schedule 7, apply for the purposes of the acquisition of land by means of a vesting order made under this Article in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act.

(3) The power to make a vesting order in respect of land—

(a) which is the property of any public body which has power under any transferred provision to acquire land compulsorily; or

(b) which is declared by or under any transferred provision to be inalienable,

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objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of the Northern Ireland Assembly.

(4) In paragraph (3) “public body” means—

(a) a Northern Ireland department; and

(b) any other body established by or under a transferred provision.

F1 1972 c. 9 (N.I.)

Modifications etc. (not altering text)

C1 Art. 113 applied (22.4.2013) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 38, 48(2); S.R. 2013/104, art. 2(h)