The Laganside Development (Northern Ireland) Order 1989

Statutory Instruments

1989 No. 490 (N.I. 2)

The Laganside Development (Northern Ireland) Order 1989 F1

15th March 1989

F1 functions transf. by SR 1999/481

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Laganside Development (Northern Ireland) Order 1989.

(2) This Order shall come into operation on the expiration of two months from the day on which it is made.

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “the Corporation”” means the Laganside Corporation established by Article 4;

• [F3 “the Department” means the Department for Social Development;]

• “the designated area”” has the meaning assigned to it by Article 3(1);

• “the river”” means such part of the River Lagan and its tributaries as is situated within the designated area;

• “statutory provision”” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954.

F2 1954 c. 33 (NI)

F3 Art. 2(2): definition of "the Department" substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch.2 Pt. 1 para. 1(2)

The designated area N.I.

3.—(1) In this Order “the designated area”” means such area of land as the Department may by order designate for the purposes of this Order.

(2) The Department may by order alter the area of land for the time being designated by an order under paragraph (1) or this paragraph.

(3) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the effect of an order under paragraph (2) is that any area of land ceases to be within the designated area, the order may contain such transitional provisions relating to that land as appear to the Department to be appropriate. F5 . . .

(5) An order under paragraph (1) or (2)—

(a) shall deffine the boundaries of the designated area by means of a map or plan; and

(b) may designate separate parcels of land as one area.

F4 Art. 3(3) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), {Sch. 2 Pt. 2 para. 1 (2)(a)}

F5 Words in art. 3(4) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(2)(b)

PART II N.I. THE LAGANSIDE CORPORATION

Constitution of the Corporation N.I.

The Laganside Corporation N.I.

4.—(1) There shall be established a body to be called the Laganside Corporation which shall exercise the functions conferred on it by the following provisions of this Order.

(2) Schedule 1 shall have effect in relation to the Corporation.

Financial provisions N.I.

Financial duties of the Corporation N.I.

5.  F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 Art. 5 repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(3)

Grants to the Corporation by Department N.I.

6.—(1) The Department may, with the approval of the Department of Finance and Personnel, pay to the Corporation in respect of the exercise of its functions and in respect of its administrative expenses, such sums as the Department may, with the approval of the Department of Finance and Personnel, determine.

(2) The payment may be made on such terms as the Department may, with the approval of the Department of Finance and Personnel, determine.

Borrowing by the Corporation N.I.

7.  F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 Art. 7 repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(3)

Payment by the Corporation of surplus funds to Department N.I.

8.—(1) The Department, with the approval of the Department of Finance and Personnel, may direct the Corporation to pay to the Department out of any money which appears to the Department to be surplus to the requirements of the Corporation such sums as the Department may determine.

(2) The Corporation shall comply with any direction under paragraph (1).

(3) The whole or part of any payment made to the Department under this Article shall, if the Department with the approval of the Department of Finance and Personnel so determines, be treated as made by way of repayment of such part of the principal of government loans made to the Corporation under Part III of the Financial Provisions (Northern Ireland) Order 1983 and as made in respect of the repayments due at such times, as may be so determined.

(4) Any sums received by the Department under this Article shall be paid into the Consolidated Fund.

Power to dissolve the Corporation N.I.

Power to dissolve the Corporation N.I.

9.—(1) The Department may by order made subject to affirmative resolution make provision for, and in connection with, the dissolution of the Corporation.

(2) An order under this Article may—

(a) provide for the transfer of the functions, assets and liabilities of the Corporation to any other body or person;

(b) contain such incidental, consequential, transitional or supplementary provisions (including the amendment or repeal of any statutory provision (including this Order)) as appear to the Department to be necessary or expedient for giving full effect to the provisions of the order.

PART III N.I. OBJECT AND POWERS OF THE CORPORATION

Object and general powers of the Corporation N.I.

Object and general powers of the Corporation N.I.

10.— [F8 (1) The object of the Department under this Order shall be to secure the regeneration of the designated area.]

(2) The object is to be achieved in particular by the following means—

(a) by bringing land and buildings into effective use;

(b) by encouraging public and private investment and the development of existing and new industry and commerce;

(c) by creating an attractive environment; and

(d) by ensuring that housing, social, recreational and cultural facilities are available to encourage people to live and work in the area.

(3) F9 . . . , for the purpose of achieving the object the [F10 Department] may—

(a) acquire, hold, manage, reclaim and dispose of land and other property;

(b) carry out building and other operations;

(c) carry on any business or undertaking for the purposes of the object; and

(d) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(4) No provision of this Order by virtue of which any power is exercisable by the [F11 Department] shall be construed as limiting the effect of paragraph (3).

(5) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A transaction between a person and the [F13 Department] shall not be invalidated by reason of any failure by the [F13 Department] to observe the object in paragraph (1) or the requirement in paragraph (3) that the [F13 Department] shall exercise the powers conferred by that paragraph for the purpose of achieving that object.

F8 Art. 10(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(3)

F9 Words in art. 10(3) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(4)(a)

F10 Word in art. 10(3) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(a)

F11 Word in art. 10(4) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(a)

F12 Art. 10(5) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(4)(b)

F13 Word in art. 10(6) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(a)

Directions to the Corporation by Department N.I.

11.  F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 Art. 11 repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(5)

Miscellaneous powers N.I.

Power to provide financial assistance N.I.

12.—(1)  [F15 The Department may], provide financial assistance for any body or person doing or intending to do in the designated area anything falling within paragraph (2).

(2) Financial assistance under paragraph (1) may be provided for—

(a) the promotion, development or regeneration of commercial, industrial or other economic activity;

(b) the improvement of the environment;

(c) the provision of housing;

(d) the provision of social, cultural, recreational or community facilities;

(e) the refurbishment or restructuring of buildings;

(f) any thing not falling within sub‐paragraphs ( a ) to ( e ) which the [F16 Department] considers will benefit the designated area.

(3) Financial assistance under paragraph (1) may include—

(a) grants;

(b) loans;

(c) guarantees;

(d) the taking of any interest in property or in a body corporate.

(4) Article 4 of the Social Need (Northern Ireland) Order 1986F17 shall apply to financial assistance under this Article as it applies to financial assistance under Article 3 of that Order, F18 . . .

F15 Words in art. 12(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(4)

F16 Word in art. 12(2) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(b)

F17 1986 NI 14

F18 Words in art. 12(4) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(6)

Agreements for development of land N.I.

13.  The [F19 Department] may—

(a) enter into an agreement with any person to develop any land in the designated area, whether or not the [F20 Department] has any estate in that land; and

(b) do anything which is required in order to develop that land in accordance with such agreement.

F19 Word in art. 13 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(c)

F20 Word in art. 13(a) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(c)

Agency agreements with Departments and other public bodies for execution of works N.I.

14.—(1) Where under any statutory provision powers are conferred on a relevant body to execute any works (of whatever kind and for whatever purpose)—

(a) that body and the [F21 Department] may enter into an agreement that the powers shall, to such extent and subject to such conditions as the agreement may specify, be exercised in the designated area by the [F21 Department] on behalf of that body; and

(b) the [F22 Department] shall have power to execute those works in that area and otherwise to carry any such agreement into effect.

(2) Nothing in any agreement under paragraph (1) shall authorise or empower a relevant body or the [F23 Department] on behalf of that body to execute the works in question otherwise than in accordance with, and subject to, any statutory provision conferring, or relating to, the power to execute the works; and references to the relevant body in any such statutory provision shall for the purposes of the execution of any such works be construed as including references to the [F23 Department] .

(3) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this Article “relevant body”” means—

(a) a Northern Ireland Department;

(b) the Northern Ireland Housing Executive;

(c) the Northern Ireland Railways Company Limited;

(d) the Belfast City Council;

(e) the Belfast Harbour Commissioners;

(f) any other body (being a body established under a statutory provision) specified for the purposes of this Article by an order made by the Department.

F21 Word in art. 14(1)(a) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(d)

F22 Word in art. 14(1)(b) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(d)

F23 Word in art. 14(2) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(d)

F24 Art. 14(3) - (5) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(7)

[F25 Studies, etc. for purposes of this Order N.I.

15.   The Department may carry out or give financial assistance towards the carrying out of such studies, investigations and research as the Department considers will further its object under this Order.]

F25 Art. 15 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(5)

[F26 Consultation with the Department of the Environment on planning matters N.I.

16.   Where under the Planning (Northern Ireland) Order 1991, the Department of the Environment is required to consult with the Belfast City Council about any matter relating to or affecting the designated area or land in that area, that department shall also consult with the Department about that matter.]

F26 Art. 16 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(5)

Powers in relation to the river N.I.

Power to execute works in relation to the river N.I.

17.—(1) The [F27 Department] may execute such works in, on, across, over, alongside or adjacent to the river as it considers appropriate for the purposes of—

(a) improving the quality of water in the river;

(b) improving the immediate environment of the river;

(c) promoting the recreational use of the river;

(d) facilitating access to the river; and

[F28 (e) otherwise furthering the object of the Department under this Order.]

(2) Without prejudice to the generality of paragraph (1), the [F29 Department] may—

(a) construct embankments, quays and footpaths alongside, or adjacent to, the river;

(b) dredge, reclaim land from, and alter or divert the channel of, the river;

(c) operate, maintain, repair, alter, extend or remove any works executed under this Order and any existing works; and

(d) provide such buildings, amenities, machinery, plant, apparatus and appliances as it considers appropriate in connection with any works executed under this Order and any existing works.

(3) In paragraph (2) “existing works”” means works in, on, across, over, alongside or adjacent to the river which were executed at any time before the coming into operation of this Order and which, had this Order been in operation at that time, could have been executed by the [F30 Department].

(4) Schedule 2 shall have effect in relation to works under this Article.

F27 Word in art. 17(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(e)

F28 Art. 17(1)(e) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(6)

F29 Word in art. 17(2) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(e)

F30 Word in art. 17(3) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(e)

[F31 Construction of bridges, weirs, locks and barrages N.I.

18.— (1) The Department may construct a bridge over, or weir, lock or barrage across, the river.

(2) Before executing any works under paragraph (1) the Department shall take into consideration the reasonable requirements of navigation on the river.

(3) Paragraphs 2, 3, 5 and 6 of Schedule 2 shall have effect in relation to works under this Article.

(4) The reference in this Article to a bridge includes a reference to a road, footway or railway over the bridge and to the approaches of any road, footway or railway to the bridge.]

F31 Art. 18 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(7)

[F32 Byelaws as to use of river and certain adjacent land N.I.

19.— (1) The Department may make byelaws—

(a) regulating the use of the river by vessels;

(b) requiring vessels using the river to be licensed for that purpose by the Department;

(c) regulating fishing in the river;

(d) requiring persons fishing in the river to obtain a permit for that purpose from the Department;

(e) regulating the grant, renewal and revocation of licences under sub-paragraph (b) and permits under sub-paragraph (d), the conditions subject to which such licences and permits are to be granted and prescribing the fees payable in respect of the grant or renewal of such licences or permits;

(f) regulating the construction, condition, safety and control of vessels which may use the river and the equipment to be carried on such vessels;

(g) regulating the movement of vessels, and the use of lights, on the river;

(h) for the levying by the Department of charges in respect of the use of the river or any service or facility provided by the Department on the river or on land adjacent to the river;

(i) for the removal by the Department of vessels or objects from the river in such circumstances as may be specified in the byelaws, the storage and disposal by the Department of vessels or objects so removed and the recovery by the Department of the costs of removal, storage and disposal;

(j) regulating the conduct of persons on the river or on land adjacent to the river vested in the Department;

(k) prohibiting the erection of any structure in the river or on land mentioned in sub-paragraph (j) without the consent of the Department;

(l) prohibiting the carrying on of any commercial activity on the river or on any land mentioned in sub-paragraph (j) without the consent of the Department;

(m) for such other purposes as appear to the Department to be appropriate in furthering its object under this Order.

(2) Byelaws under this Article shall not apply in relation to—

(a) any part of the river within the limits for the time being of the jurisdiction of the Belfast Harbour Commissioners under the Belfast Harbour Acts 1847 to 1967; or

(b) any land adjacent to any such part of the river.

(3) The Department may authorise persons appointed or employed to enforce byelaws made under this Article to take any action necessary for that purpose.

(4) The powers of a person authorised under paragraph (3) include power—

(a) to board and inspect any vessel on the river; and

(b) to require any person suspected of contravening a byelaw to furnish his name and address to that authorised person.

(5) Any person who contravenes a byelaw made under this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale, and in the case of a continuing offence, a further fine not exceeding £2 per day for each day on which the offence continues after conviction.

(6) Section 94 of the Public Health Acts Amendment Act 1907 (licensing powers of district council in relation to pleasure vessels and persons in charge thereof) shall not apply in relation to any vessel using the river.]

F32 Art. 19 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(7)

Powers in relation to land N.I.

Acquisition of land by the Corporation N.I.

20.—(1) The [F33 Department] may acquire by agreement or compulsorily—

(a) land in the designated area;

(b) land adjacent to the designated area which the [F34 Department] requires for purposes connected with the discharge of the Corporation's functions in the designated area.

[F35 (2) Where the Department desires to acquire land compulsorily it may make an order (in this Article referred to as a “vesting order”) vesting the land in the Department.]

(3) Schedule 6 to the Local Government Act (Northern Ireland) 1972F36 shall, subject to the modifications specified in Schedule 3, 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.

(4) The power to make a vesting order in respect of any land by virtue of this Article includes power to create and vest in the [F37 Department] new rights over the land as well as to vest existing rights.

(5) The Planning Blight (Compensation) (Northern Ireland) Order 1981F38 shall apply to land which the [F39 Department] has resolved to acquire under this Article as it applies to land specified in Article 3(1) of that Order.

[F40 (6) The Department may make an order extinguishing or modifying any public right of way over land acquired by it under this Article; and Articles 103 and 104 of the Planning (Northern Ireland) Order 1991(“the 1991 Order”) shall apply to an order under this paragraph as they apply to an order made by the Department under Article 102 of the 1991 Order.]

F33 Word in art. 20(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(f)

F34 Word in art. 20(1)(b) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(f)

F35 Art. 20(2) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(8)(a)

F36 1972 c. 9 (NI)

F37 Word in art. 20(4) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(f)

F38 1981 NI 16

F39 Word in art. 20(5) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(f)

F40 Art. 20(6) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(8)(b)

Power to enter land N.I.

21.—(1) Subject to this Article, a person authorised in writing by the [F41 Department] may, on production if required of his authority, at any reasonable time enter any land for the purpose of—

(a) surveying or examining the land in order to ascertain the suitability of the land for the execution of works or whether it ought to be acquired by the [F42 Department] under Article 20;

(b) executing any works authorised or required by this Order to be executed by the [F43 Department] ;

(c) inspecting, repairing, altering, renewing or removing any works executed under this Order in or on the land;

(d) ascertaining whether or not circumstances exist which would authorise the [F44 Department] to take any action or execute any works under this Order; or

(e) taking any other action authorised or required by this Order to be taken by the [F45 Department] .

(2) No person shall be entitled to exercise the power of entry conferred by paragraph (1) in relation to any land unless the [F46 Department] has given—

(a) where entry is required solely for the purpose of examination, at least 24 hours' notice of the intended entry to the occupier of the land; or

(b) where entry is sought for any other purpose, at least 6 days' notice of the intended entry to the occupier and to the owner if the owner is known,

or, in either case, such lesser period of notice as may be agreed between the [F46 Department] and the occupier or owner.

(3) Where notice of intended entry for a particular purpose has been given as respects the first occasion on which the right of entry is exercised, no further notice shall be required before entering on the land on a subsequent occasion in connection with that purpose.

(4) If it is shown to the satisfaction of a justice of the peace on a sworn complaint in writing—

(a) that admission to the land which any person is entitled to enter by virtue of this Article, has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or the occupier is temporarily absent, or that the case is one of urgency; and

(b) that there are reasonable grounds for entry to the land for any purpose for which entry is required,

the justice may by warrant under his hand authorise that person to enter on the land if need be by force.

(5) Every warrant granted under this Article shall continue in force until the purpose for which entry is necessary has been satisfied.

(6) Any person entering any land by virtue of the power of entry conferred by this Article or by virtue of a warrant issued under this Article—

(a) may take with him such other persons and such equipment as may be necessary; and

(b) on leaving any unoccupied land which he has entered by virtue of such a power of entry or such a warrant shall leave it as effectually secured against trespassers as he found it.

(7) A person who intentionally obstructs any person who enters, or is attempting to enter, land by virtue of the power of entry conferred by this Article or by virtue of a warrant issued under this Article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) Where works have been carried out on land in pursuance of this Article, the [F47 Department] shall reinstate the land as soon as possible.

(9) Where—

(a) in the exercise of the power conferred by this Article or in executing any warrant under paragraph (4), any damage is caused to land or chattels, any person interested in the land or chattels may recover compensation in respect of that damage from the [F48 Department] ;

(b) in consequence of the exercise of any such power or the executing of any such warrant, any person is disturbed in his enjoyment of land or chattels, he may recover compensation in respect of that disturbance from the [F49 Department] .

(10) Any question of disputed compensation under this Article shall be referred to and determined by the Lands Tribunal.

(11) Any power conferred by this Article to survey land shall be construed as including power to ascertain or fix boundaries or to search and bore for the purposes of ascertaining the course of any sewers or drains or of ascertaining the nature of the subsoil and to take and carry away, for the purpose of examination, specimens of the subsoil.

F41 Word in art. 21(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F42 Word in art. 21(1)(a) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F43 Word in art. 21(1)(b) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F44 Word in art. 21(1)(d) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F45 Word in art. 21(1)(e) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F46 Word in art. 21(2) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F47 Word in art. 21(8) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F48 Word in art. 21(9)(a) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

F49 Word in art. 21(9)(b) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(g)

Information as to ownership of land N.I.

22.—(1) The [F50 Department] may, for the purpose of enabling it to carry out any of its functions under this Order, by notice in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, lessee or otherwise.

(2) Any person required to give information in pursuance of this Article who without reasonable excuse fails to give, or knowingly mis‐states, that information shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

F50 Word in art. 22(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(h)

Disposal of land by Corporation N.I.

23.—(1) The [F51 Department] may dispose of any land acquired by it or vested in it to such persons, in such manner and subject to such covenants or conditions as it considers expedient for securing the regeneration of the designated area or for purposes connected with the regeneration of that area.

(2) The [F52 Department] shall dispose of any land acquired by it so as to secure (so far as practicable) that persons who were living or carrying on business or other activities on that land shall, if they desire to obtain accommodation on land belonging to the [F52 Department] and are willing to comply with any requirements of the [F52 Department] as to its development and use, have an opportunity to obtain on it accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.

F51 Word in art. 23(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(i)

F52 Word in art. 23(2) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(i)

PART IV N.I. MISCELLANEOUS AND SUPPLEMENTARY

Miscellaneous N.I.

Limits of jurisdiction of Belfast Harbour Commissioners N.I.

24.—(1) In the Belfast Harbour Acts 1847 to 1967 for any reference to the first weir across the River Lagan near Annadale in the County of Down in connection with the limits of the Port and Harbour of Belfast or of the jurisdiction of the Belfast Harbour Commissioners there shall be substituted a reference to the seaward extremity of the Queen Elizabeth bridge across the River Lagan.

(2) F53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 Art. 24(2) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(8)

Exercise of other statutory powers in designated area N.I.

25.—(1) The Department shall not—

(a) provide financial assistance under Article 3 of the Social Need (Northern Ireland) Order 1986F54 for anything which a body or person does or intends to do in the designated area;

(b) exercise any of its powers under Article 5 or 6 of that Order in or in relation to the designated area.

(2) Nothing in paragraph (1) shall prevent the completion by the Department of any transaction, works or other thing which has been commenced by it before the coming into operation of this Order.

(3) Except as provided by paragraph (1) or by any agreement under Article 14(1), the powers conferred on the [F55 Department] by this Order in relation to the designated area are in addition to, and not in derogation from, any powers exercisable by any other body or person in relation to that area by virtue of any other statutory provision.

F54 1986 NI 14

F55 Word in art. 25(3) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(j)

Supplementary N.I.

Orders N.I.

26.  Orders made by the Department under this Order (except Articles 9(1) [F56 , 20(2) and (6))] ) shall be subject to negative resolution.

F56 Words in art. 26 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(9)

Repeal or amendment of private and local Acts N.I.

27.—(1) Part II of the Belfast Corporation Act 1924F57 is hereby repealed.

(2) The Department may by order—

(a) repeal any local or private Act in so far as it appears to the Department to be inconsistent with any provision of this Order;

(b) amend any such Act so as to render it consistent with the provisions of this Order.

F57 1924 c. iv (NI)

SCHEDULES

Article 4(2).

SCHEDULE 1 N.I. THE LAGANSIDE CORPORATION

Status N.I.

1.—(1) The Corporation shall be a body corporate to which, subject to the provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954F58 shall apply.

(2) Except as provided by any agreement under Article 14(1), the Corporation shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown and the Corporation's property shall not be regarded as the property of, or property held on behalf of, the Crown.

F58 1954 c. 33 (NI)

Constitution of Corporation N.I.

2.—(1) The Corporation shall consist of not fewer than seven nor more than ten members appointed by the Head of the Department from among persons who appear to him to have experience in any field of activity which he considers is relevant to the discharge of the functions of the Corporation.

(2) Of the members appointed under sub‐paragraph (1)—

(a) one shall be appointed after consultation with the Belfast Harbour Commissioners; and

(b) one shall be appointed after consultation with the Belfast City Council.

(3) The Head of the Department shall appoint one of the members as chairman and may appoint another as deputy chairman.

Appointment and tenure of office of members N.I.

3.  It shall be the duty of the Head of the Department—

(a) to satisfy himself, before he appoints a person to be a member of the Corporation, that that person will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and

(b) to satisfy himself from time to time with respect to each member that he has no such interest;

and a person who is a member or whom the Head of the Department proposes to appoint as a member shall, whenever requested by the Head of the Department to do so, furnish the Head of the Department with such information as he may specify with a view to carrying out his duty under this paragraph.

4.—(1) Subject to this paragraph a member of the Corporation shall hold and vacate office in accordance with the terms of his appointment.

(2) A member shall hold office for a fixed term not exceeding five years.

(3) A member may resign his office by giving to the Head of the Department a signed notice in writing to that effect.

(4) The Head of the Department may by notice in writing remove a member from office.

(5) A member who ceases to hold office shall be eligible for re‐appointment to the Corporation.

5.—(1) Where a member becomes or ceases to be the chairman or deputy chairman, the Head of the Department may vary the terms of the instrument appointing him a member.

(2) If the chairman or deputy chairman ceases to be a member, he shall cease to be chairman or deputy chairman, as the case may be.

Remuneration, etc. of members N.I.

6.  The Corporation may pay to each member such remuneration and such allowances as the Department may, with the approval of the Department of Finance and Personnel, determine and where a member of the Corporation is in the employ of any other person, the Corporation may make to that other person in consideration of the services to the Corporation of that member such payments as the Department may, with the approval of the Department of Finance and Personnel, determine.

Disqualification of members of the Corporation for Northern Ireland Assembly N.I.

7.  In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975F59 (bodies of which all members are disqualified) there shall be inserted, at the appropriate place in alphabetical order,—

“ The Laganside Corporation. ”.

F59 1975 c. 25

Proceedings N.I.

8.  The quorum of the Corporation and the arrangements relating to meetings of the Corporation shall be such as the Corporation may determine.

9.—(1) A member who is in any way directly or indirectly interested in any matter which falls to be considered by the Corporation shall disclose the nature of his interest at a meeting of the Corporation and the disclosure shall be recorded in the minutes of the meeting.

(2) Where such a disclosure is made by any member in relation to any matter, he shall not take part in any deliberation or decision of the Corporation with respect to the matter if the Corporation decides that the interest in question might prejudically affect the member's consideration of the matter.

(3) For the purposes of this paragraph a notice given by a member at a meeting of the Corporation to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any matter concerning the body or firm which falls to be considered by the Corporation after the date of the notice shall be a sufficient disclosure of his interest.

(4) A member need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.

10.  The validity of any proceedings of the Corporation shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 9.

The seal N.I.

11.  The common seal of the Corporation shall, when applied to a document, be attested by the signature of a member of the Corporation, or of an officer of the Corporation authorised by it to act for the purposes of this paragraph.

Execution of contracts and instruments not under seal N.I.

12.  Any contract or instrument which, if entered into or executed by an individual, would not require to be [F60 executed as a deed] may be entered into or executed on behalf of the Corporation by any person generally or specially authorised by the Corporation to act for that purpose.

F60 2005 NI 7

Committees N.I.

13.—(1) In connection with the exercise of its functions, the Corporation may establish such committees as appear to it to be appropriate, and, subject to sub‐paragraphs (2) and (3), the composition of such a committee and the terms on which its members hold office shall be determined by the Corporation.

(2) Persons who are not members of the Corporation shall not, except with the approval of the Head of the Department, be appointed as members of any committee established under this paragraph.

(3) The Corporation may pay to members of any committee established under this paragraph who are not members of the Corporation such travelling and other allowances, including compensation for loss of remunerative time, as the Department may, with the approval of the Department of Finance and Personnel, determine.

(4) The Corporation may, with the approval of the Head of the Department, delegate to a committee established under this paragraph such of its functions as the Corporation may determine.

(5) Paragraphs 8 to 10 shall apply to any committee of the Corporation as they apply to the Corporation.

Para. 14 rep. by 1996 NI 7

Staff N.I.

15.—(1) The Corporation may appoint—

(a) a chief executive; and

(b) such other officers and servants,

on such terms as to remuneration and conditions of service as the Department, with the approval of the Department of Finance and Personnel, may determine.

(2) The Corporation shall not appoint a person under paragraph (1)( a ) without the approval of the Department.

(3) The Corporation may make provision for the payment of such pensions, allowances and expenses to or in respect of such persons appointed under sub‐paragraph (1) as the Corporation may, with the approval of the Department and the Department of Finance and Personnel, determine.

Accounts and audit N.I.

[F61 16.— (1) The Corporation shall—

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a) be in such form; and

(b) contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct.

(3) The Corporation shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a) the Department; and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall—

(a) examine, certify and report on every statement of accounts sent to him by the Corporation under this paragraph; and

(b) send a copy of his report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.]

F61 Sch. 1 para. 16 substituted (1.4.2006) for Sch. 1 paras. 16-18 by 2003 NI 5, arts. 1(2), 5, Sch. 1 para. 10 (with art. 1(4)).

Annual report N.I.

19.—(1) As soon as possible after the end of each financial year, the Corporation shall make to the Department a report dealing generally with the Corporation's operations during the yearF62 . . . .

(2) The Department shall lay a copy of the report before the Assembly.

F62 Sch. 1 para. 16 substituted (1.4.2006) for Sch. 1 paras. 16-18 by 2003 NI 5, arts. 1(2), 5, Sch. 1 para. 10 (with art. 1(4)

Information N.I.

20.  Without prejudice to paragraph 19, the Corporation shall provide the Department with such information relating to its undertaking as the Department may require, and for that purpose shall permit any person authorised by the Department to inspect and make copies of the accounts, books, documents or papers of the Corporation and shall afford such explanation of them as that person or the Department may reasonably require.

Articles 17(4)and 18(6).

SCHEDULE 2 N.I. ANCILLARY PROVISIONS RELATING TO WORKS UNDER ARTICLES 17 AND 18

Approval of Department and of Department of Agriculture N.I.

1.—(1) The [F63 Department] shall not execute any works under Article 17 unless those works have been approved F64 . . . by the Department of Agriculture. N.I.

(2) An approval under sub‐paragraph (1) may be given subject to such terms and conditions as F65 . . . the Department of Agriculture thinks fit.

F63 Word in Sch. 2 para. 1(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(k)

F64 Words in Sch. 2 para. 1(1) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(10)(a)(i)

F65 Words in Sch. 2 para. 1(2) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(10)(a)(ii)

Consultation with the Belfast Harbour Commissioners N.I.

2.—(1) It shall be the duty of the [F66 Department] before— N.I.

(a) executing any works under Article 17 or 18 within the harbour limits; or

(b) exercising any power conferred by Article 17 or this Schedule within the harbour limits,

to consult with the Belfast Harbour Commissioners and to take into account any representations made to the [F66 Department] by the Commissioners so as to ensure that the execution of those works or the exercise of those powers causes the minimum interference to the property of the Commissioners or to the exercise by the Commissioners of their functions.

(2) F67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this paragraph and paragraph 4(1) “the harbour limits” means the limits for the time being of the jurisdiction of the Belfast Harbour Commissioners under the Belfast Harbour Acts 1847 to 1967.

F66 Word in Sch. 2 para. 2(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), {Sch. 2 Pt. 1 para. 1(1)(l}

F67 Sch. 2 para. 2(2) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(10)(b)

Tidal works N.I.

3.—(1) The [F68 Department] shall not construct, alter or extend any tidal work under Article 17 or 18 except with the consent of the Secretary of State concerned with navigation and subject to any conditions imposed by the Secretary of State before the works are begun. N.I.

(2) F69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68 Word in Sch. 2 para. 3(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(m)

F69 Sch. 2 para. 3(2) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(10)(c)

F70 Sch. 2 para. 3(3) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(10)(c)

Dredging N.I.

4.—(1) Without prejudice to paragraph 3, the [F71 Department] shall not dredge the river within the harbour limits without the consent of the Belfast Harbour Commissioners. N.I.

(2) Any materials taken up or collected in the course of dredging the river shall be the property of the [F72 Department] and may be used, sold, removed, deposited or otherwise disposed of as the [F72 Department] may think fit; but the [F72 Department] shall not deposit any such materials below the level of mean high water springs except in such position as the Secretary of State concerned with navigation may approve and subject to such conditions and restrictions as he may impose.

F71 Word in Sch. 2 para. 4(1) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(n)

F72 Word in Sch. 2 para. 4(2) substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(n)

Temporary interference with river N.I.

5.  The [F73 Department] may, for the purpose of or in connection with the execution of any works under Article 17 or 18,— N.I.

(a) temporarily alter or interfere with the river and construct or place in the river all such temporary works as it may deem necessary or expedient;

(b) temporarily occupy and use the river;

(c) temporarily restrict, terminate or otherwise interfere with easements, fishing rights, water rights, navigation rights or other similar rights.

F73 Word in Sch. 2 para. 5 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(1)(o)

Extinguishment of certain public rights N.I.

6.—(1) If the Department considers it necessary or desirable to do so in connection with any works executed under Article 17 or 18, the Department may F74 . . . make an order extinguishing— N.I.

(a) any public rights over or in relation to such part of the foreshore within the designated area as is specified in the order;

(b) any public rights of navigation over such part of the river as is specified in the order.

(2) [F75 Article 133(1) and (4) of, and Schedule 8 to, the Roads (Northern Ireland) Order 1993] shall apply to an order under sub‐paragraph (1) as they apply to an order under Article 6 of that Order.

F74 Words in Sch. 2 para. 6(1) repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(10)(d)

F75 1993 NI 15

[F76 SCHEDULE 3 N.I. Modifications of Schedule 6 to The Local Government Act (Northern Ireland) 1972 for the purposes of Article 20(3)

F76 Sch. 3 substituted (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(1), Sch. 2 Pt. 1 para. 1(10)

1.   For any reference to the Department or to the council substitute a reference to the Department within the meaning of this Order. N.I.

2.   For any references to that Act substitute a reference to this Order. N.I.

3.   Omit paragraph 1. N.I.

4.   In paragraph 2— N.I.

(a) for the words “Notice of the application” substitute the words Notice of the Department's intention to acquire the land compulsorily;

(b) omit the words “in such form and manner as the Ministry directs”;

(c) in sub-paragraph (c) for the words “as may be prescribed” substitute the words as the Department considers fit.

5.   In paragraph 3(1)(b) for the words in brackets substitute the words by the planning appeals commission or by any other person (if the Department considers it necessary to do so). N.I.

6.   In paragraph 4 omit the words from “and may provide” onwards. N.I.

7.   In paragraph 5— N.I.

(a) in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;

(b) in sub-paragraph (1)(d) omit the words “in the prescribed form”;

(c) in sub-paragraph (2) for the words “as may be prescribed” substitute the words as the Department considers fit.

8.   In paragraph 6(2) for the words “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute the words Consolidated Fund and for the words “out of the compensation fund” substitute the words made by the Department. N.I.

9.   In paragraph 11(3) omit the words “in the prescribed form”. N.I.

10.   In paragraph 12— N.I.

(a) in sub-paragraph (1) omit the words “such” and “as may be prescribed”;

(b) in sub-paragraph (2) for the words from “clerk” to “directs” substitute the words Department as correct, and publish.

11.   In paragraph 14(1) omit the words “in the prescribed form”. N.I.

12.   In paragraph 15(1) for the words “in the prescribed form” substitute the words in such form as may be approved by the Department. N.I.

13.   Omit paragraph 19. N.I.

14.   Omit paragraph 20(2).] N.I.

F77 F77 SCHEDULE 4 N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77 Sch. 4 repealed (1.4.2007) by Laganside Corporation Dissolution Order (Northern Ireland) 2006 (S.R. 2006/527), arts. 1(2), 5(2), Sch. 2 Pt. 2 para. 1(11)