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EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 94

94.(1) There shall on such day as the Ministry shall appoint be transferred to
the Ministry by virtue of this Order and without the necessity of any
conveyance, deed of transfer or other instrument all land held immediately
before the appointed day by a local authority in its capacity as a local
education authority or as a library authority or held by a local authority and
used exclusively for education or library purposes other than land which the
Ministry by order made before the day appointed under this paragraph exempts
from the provisions of this paragraph.

(2) The [Statutory Rules (Northern Ireland) Order 1979] shall not apply to an
order made under paragraph (1).

(3) A certificate of the Ministry that land has been transferred to it by
paragraph (1) or transferred by the Ministry under paragraph (14) shall be
evidence of such transfer and upon lodgment of such a certificate, the
certificate shall be registered in the Registry of Deeds or, in case of the
registered land, the title to which the certificate relates shall be
registered in the Land Registry.

(4) The Ministry may by agreement, or in accordance with paragraph (7)
otherwise than by agreement, acquire any land which in its opinion is required
for use by it for the purposes of this Order and any land held by it for those
purposes may, if in its opinion it is no longer required for those purposes,
be disposed of by it in such manner and on such terms and conditions as the
Ministry considers expedient or be appropriated by it for other purposes of
the Ministry.

(5) Paragraph (4) shall not enable the Ministry to dispose of any land on
terms other than the best obtainable except with the approval of the Ministry
of Finance.

(6) Section 5 of the Stormont Regulation and Government Property Act (Northern
Ireland) 1933 (which contains provisions with respect to the disposal of land
by government departments) shall not apply to the disposal of any land under
paragraph (4) or paragraph (14).

(7) Where the Ministry desires for the purposes of this Order to acquire land
otherwise than by agreement, it may, subject to paragraphs (12) and (13), make
a vesting order vesting the land in the Ministry and Schedule 6 to the Local
Government Act (Northern Ireland) 1972 shall, subject to the modifications
thereof specified in Part I of Schedule 12, apply for the purposes of the
acquisition of land by means of a vesting order made under this paragraph in
like manner as it applies to the acquisition of land by means of a vesting
order made under that Act.

(8) Any person authorised by the Ministry in writing stating the particular
purpose or purposes for which entry is authorised may at all reasonable times,
on giving three days prior notice of his intention to the occupier, enter for
the purpose of survey, valuation or examination

(a)land which the Ministry proposes to acquire compulsorily under the powers
conferred on it by this Article; and

(b)any land, where it appears to the Ministry that survey, valuation or
examination is necessary in order to determine whether any powers under this
Article should be exercised in respect of that land.

(9) If any person, other than the owner or occupier of land entered under
paragraph (8), obstructs a person authorised as aforesaid in the performance
of anything which such person is required or authorised to do, he shall be
guilty of an offence and liable on summary conviction to a fine not exceeding
#20.

(10) If any person being the owner or occupier of land prevents a person
authorised as aforesaid from duly carrying into effect any survey, valuation
or examination of such land, any court of summary jurisdiction on proof
thereof may order the first-mentioned person to permit to be done on such land
all things requisite for carrying into effect such survey, valuation or
examination and if he fails to comply with the order, he shall be guilty of an
offence and shall, for every day during which the failure continues, be liable
on summary conviction to a fine not exceeding #20.

(11) Where any property is damaged in the exercise of a right of entry
conferred under this Article or in the making of any survey or examination for
the purpose of which any such right of entry has been conferred, compensation
in respect of that damage may be recovered from the Ministry by any person
interested in the property and any question of disputed compensation shall be
referred to and determined by the Lands Tribunal for Northern Ireland.

(12) Nothing in this Article shall authorise the acquisition, without the
consent of the Ministry of Finance, of any land on or in which there is to the
knowledge of the Ministry any historic monument or archaeological object
within the meaning of the Historic Monuments Act (Northern Ireland) 1971.

(13) The powers to make a vesting order under this Article may be exercised
over land

(a)which is the property of any body established by or under any transferred
provision 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;

(14) The Ministry may transfer to another Department of the Government of
Northern Ireland or to a board any land vested in, or acquired by, it under
this Article.

(15) Stamp duty shall not be payable on this Order or any instrument or other
document executed for the purpose of transferring land to the Ministry under
paragraph (1) or from the Ministry under paragraph (14).

© 1972 Crown Copyright

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