Northern Ireland Act 1947

Enlargement of legislative power of the Parliament of Northern Ireland U.K.

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 1 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pts. I, II

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 S. 2 repealed by Northern Ireland Act 1962 (c. 30), Sch. 4 Pt. IV

3—7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 Ss. 3–7 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

8 Cesser of reservation of registration of deeds. U.K.

(1) The registration of deeds shall cease to be a reserved matter for the purposes of the principal Act, and accordingly,—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(b) the public services in connection with the administration of the registration of deeds in Northern Ireland shall, by virtue of this section, be transferred from the Government of the United Kingdom to the Government of Northern Ireland and shall cease to be reserved services and shall become Irish services;

(c) the members of the staff of the Registry of Deeds for Northern Ireland shall become officers of the Government of Northern Ireland; and

(d) so much of any Act passed after the appointed day as relates to the registration of deeds in Northern Ireland or to the registration of other instruments of the doing of any other thing at the said Registry shall, notwithstanding that that Act was so passed, be deemed, for the purposes of section six of the principal Act, to be a provision of an Act passed before that day:

Provided that no person becoming an officer of the Government of Northern Ireland by virtue of this subsection shall be in a worse position as respects tenure of office, remuneration or superannuation rights than he would have been if he had not become an officer of the Government of Northern Ireland, and any question arising under the preceding provisions of this proviso shall, in default of agreement, be referred to and determined by [F5 a referee appointed by the Lord Chief Justice of Northern Ireland] whose determination shall be final and conclusive.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3) This section shall come into operation on such date as His Majesty may by Order in Council appoint.

Textual Amendments

F4 S. 8(1)(a) repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

F5 Words substituted by Superannuation Act 1972 (c. 11), s. 27(2)

F6 S. 8(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I without prejudice as to Orders already made

Modifications etc. (not altering text)

C1 1.4.1948 appointed under s. 8(3) by S.I. 1948/346, (Rev. XVI, p. 1042: 1948 I, p. 3165) art. 1

9 Cesser of reservation of registration of title to land in Northern Ireland. U.K.

(1) The reservation, by section forty-seven of the principal Act, of matters relating to the Supreme Court shall cease to be treated as extending to the registration of title to land in Northern Ireland, and paragraph (14) of section four and subsection (8) of section eight of that Act shall have effect accordingly, and,—

(a) the public services in connection with the administration of the registration of title to such land shall, by virtue of this section, be transferred from the Government of the United Kingdom to the Government of Northern Ireland and shall cease to be reserved services and shall become Irish services;

(b) the Registrar of Titles in Northern Ireland and the officers and clerks attached to the central office shall cease to be officers of the Supreme Court and shall become officers of the Government of Northern Ireland; and

(c) section thirty-two of the M1 Northern Ireland Land Act 1925 (which contains provisions with respect to the registration of the ownership of certain land in Northern Ireland), section nine of the M2 Northern Ireland (Miscellaneous Provisions) Act 1945 (which contains provisions with respect to charges on land in Northern Ireland), and so much of any other Act passed after the appointed day as relates to the registration of title to land in Northern Ireland shall, notwithstanding that those Acts were so passed, be deemed, for the purposes of section six of the principal Act, to be provisions of Acts passed before that day:

Provided that no person becoming an officer of the Government of Northern Ireland by virtue of this subsection shall be in a worse position as respects tenure of office, remuneration or superannuation rights than he would have been if he had not become an officer of the Government of Northern Ireland, and any question arising under the preceding provisions of this proviso shall, in default of agreement, be referred to and determined by [F7 a referee appointed by the Lord Chief Justice of Northern Ireland] whose determination shall be final and conclusive.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4) The provisions of the M3 Northern Ireland Land Purchase (Winding Up) Act 1935 specified in the first column of the First Schedule to this Act shall have effect subject to the amendments specified in relation to those provisions in the second column of that Schedule (being amendments consequential on the provisions of paragraph (b) of subsection (1) of this section).

(5) In this section—

(a) references to the registration of title to land in Northern Ireland shall be construed as including references to the registration of estates and interests in, rights and easements over, and charges and burdens on such land and the discharge of matters registered or capable of being registered as affecting such land;

(b) the expression “central office” means the central office in the City of Belfast established under section four of the M4 Local Registration of Title (Ireland) Act 1891 for the purposes of the registers kept under that Act; and

(c) the expressions “Supreme Court” and “High Court” mean respectively the Supreme Court of Judicature of Northern Ireland and His Majesty’s High Court of Justice in Northern Ireland.

(6) Paragraph (2) of Article 7 of the Government of Ireland (Supreme Court Matters, etc.) Order 1922 (which defines the expression “Registrar of Titles in Northern Ireland” for the purposes of Part III of that Order) shall have effect with the omission of the words “of the Supreme Court of Judicature of Northern Ireland.”

(7) This section shall come into operation on such day as His Majesty may by Order in Council appoint.

Textual Amendments

F7 Words substituted by Superannuation Act 1972 (c. 11), s. 27(2)

F8 S. 9(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F9 S. 9(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I without prejudice to Orders already made

Modifications etc. (not altering text)

C2 1.4.1948 appointed under s. 9(7) by S.I. 1948/345 (Rev. XVI, p. 1036: 1948I, p. 3159), art. 1

Marginal Citations

M1 1925 c. 34.

M2 1945 c. 12.

M3 1935 c. 21.

M4 1891 c. 66.

10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 U.K.

Textual Amendments

F10 Ss. 10, 11 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I