Local Government, Planning and Land (Northern Ireland) Order 1981

Statutory Instruments

1981 No. 437 (N.I. 13)

Local Government, Planning and Land (Northern Ireland) Order 1981

18th March 1981

Title and commencement N.I.

1.—(1) This Order may be cited as the Local Government, Planning and Land (Northern Ireland) Order 1981.

(2) Articles 3 to 9 and 14( d) and ( e) shall come into operation on such day or days as the Head of the Department of Finance may by order appointF1 .

Para. (3) rep. by 1982 NI 20

(4) The remaining provisions of this Order shall come into operation on the expiration of one month from the day on which this Order is made.

F1 fully exercised by SRs 1981/102, 221

Interpretation N.I.

2.  The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

Arts.3‐5 add arts. 12(4), 22(4)(5), 27(5A) and amend art.27(6) of 1977 NI 28.

Arts.6, 7 amend arts.2(2), 29(1), 39(2) of, and insert arts.29(1A), 39A, 39B, in 1977 NI 28.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Art. 8 repealed (1.12.2006) by Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18)), arts. 1(3), 41, Sch. 3; S.R. 2006/464, art. 2(2), Sch. 2 (with S.R. 2006/468, art. 3(1), Sch.)

Art.9 amends art.2(2) of, and schs.11, 12 to, 1977 NI 28.

Art. 10 rep. by 1982 NI 20

Art. 11 rep. by 1991 NI 11

Land N.I.

Art.12 amends s.5 and repeals s.16 of 1965 c.13 (NI)

Power of Belfast City Council to develop certain industrial estates N.I.

13.—(1) The Corporation shall be deemed always to have had power to hold and develop land as an industrial estate.

(2) The land to which this paragraph applies and all assets and liabilities of the Corporation held or incurred in connection with that land shall be deemed to have been transferred to the Belfast City Council on 1st October 1973.

(3) The Belfast City Council shall have, and be deemed always to have had, power to hold and develop as an industrial estate—

(a) the land to which paragraph (2) applies; and

(b) any adjacent land which, at the commencement of this Article, is developed by the Belfast City Council as part of an industrial estate.

(4) Paragraph (2) applies to land which—

(a) immediately before 1st October 1973 was vested in the Corporation; and

(b) at that date was developed by the Corporation as an industrial estate,

other than land which, under the Local Government (Transfer of Assets, Liabilities, etc.) Order (Northern Ireland) 1973 [SR 1973/227] , was transferred on that date to a government department.

(5) Paragraphs (1) to (4) shall have effect notwithstanding anything in any other statutory provision and in particular notwithstanding any provision made by or under the Local Government Act (Northern Ireland) 1972 [1972 c.9] ; but—

(a) subsections (3) and (5) of section 134 of the Local Government Act (Northern Ireland) 1972 shall apply in relation to this Order as they apply in relation to an order under that section; and

(b) Articles 9, 12 and 13 of the Local Government (Transfer of Assets, Liabilities, etc.) Order (Northern Ireland) 1973 shall apply in relation to the transfer of land, assets and liabilities by virtue of this Article as they apply in relation to the transfer of assets and liabilities by virtue of that Order.

(6) In this Article—

• “the Corporation” means the Corporation of the County Borough of Belfast acting by the Council thereof;

• “develop”, in relation to land, includes—

  (a)

  erect, alter or extend buildings thereon;

  (b)

  carry out works thereon;

  (c)

  provide means of access, services and other facilities for persons using the land;

  (d)

  facilitate the doing of such things by another person;

  (e)

  manage and dispose of the land;

• “industrial estate” means land developed as a place where trade, business and other commercial or industrial activities may be carried on.

Art.14 repeals s.16 of, and, in part, sch.4 to, 1965 c.13 (NI); arts.14(1)(c), 23(3)(b) of 1972 NI 17; art.67(1) of 1973 NI 21; in part, schs.2, 7 to 1977 NI 28; art.8(3) of 1979 NI 4; Art. 14 sub.‐paras.(b)(c) rep. by 1982 NI 20