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Health and Personal Social Services (Northern Ireland) Order 1972
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Changes over time for: Section 48
Version Superseded: 01/04/2009
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Health and Personal Social Services (Northern Ireland) Order 1972, Section 48 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Acquisition and disposal of landN.I.
48.—(1) The Ministry may acquire by agreement or compulsorily in accordance with the following provisions of this Article any land which in its opinion is required for the purposes of any of the health or personal social services, and any land held by it for those purposes may, if in the opinion of the Ministry it is no longer required for those purposes, be disposed of by it or be appropriated by it for other purposes of the Ministry.
[F1(1A) Where the Department proposes to dispose of any land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire land adjoining that land, then, notwithstanding that the acquisition of that adjoining land is not required for the purposes of any of the health or personal social services, the Department may acquire by agreement that adjoining land.]
(2) Where the Ministry in exercise of the power conferred by paragraph (1) desires to acquire any land otherwise than by agreement, the Ministry may make an order (in this Article referred to as a “vesting order”) vesting the land in the Ministry.
(3) Schedule 6 to the Local Government Act (Northern Ireland) 1972 [1972 c.9] shall, subject to the modifications thereof specified in Schedule 7 to this Order, 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 under that Act.
(4) 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 each House of Parliament.
(5) Nothing in this Article shall authorise the Ministry to acquire, without the consent of the Ministry of FinanceF2, any land on or in which there is, to the knowledge of the Ministry, any historic monument or archaeological object.
(6) In paragraph (5), “historic monument” and “archaeological object” have the same meanings as in[F3 the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995].
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