6. Where—N.I.
(a)an application for a vesting order is made by a person with power to acquire land otherwise than by agreement (other than a relevant undertaker) in respect of land which includes land belonging to a relevant undertaker and used for any purposes of, or in connection with, the carrying out of its functions; and
(b)that relevant undertaker has made a representation to the department concerned before the expiration of one month from the date of the last publication of the notice mentioned in paragraph 2(a) of Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9),
the department concerned shall not make the vesting order unless the Department has certified—
(i)that the land can be purchased and not replaced without serious detriment to the carrying on of those functions; or
(ii)that, if purchased, the land can be replaced by other land belonging to, or available for acquisition by, the relevant undertaker without serious detriment to the carrying on of those functions.
Commencement Information
I1Sch. 7 para. 6 wholly in operation at 1.4.2007; Sch. 7 para. 6 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); Sch. 7 para. 6 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)