[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

EDUCATION AND LIBRARIES (NORTHERN IRELAND) ORDER 1972 - SECT 95

95.(1) A board may, with the approval of the Ministry but not otherwise,
acquire, hold or dispose of land and shall if the Ministry so directs transfer
to the Ministry any land held by it.

(2) Where a board desires to acquire otherwise than by agreement any land
which it considers necessary for the purposes of this Order [or which it
considers is required for the purposes of a maintained school or for the
purposes of a voluntary grammar school the trustees or governing body of which
have entered into an agreement under Schedule 6], the board may apply to the
Ministry for an order vesting such land in the board and the Ministry shall
have power to make such an order and Schedule 6 to the Local Government Act
(Northern Ireland) 1972 shall, subject to the modifications thereof specified
in Part II 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.

[(2A) Where land acquired otherwise than by agreement for the purposes of a
voluntary school is disposed of by a board to the trustees or governing body
of the school, the land shall vest in those trustees or that body subject to
such conditions, including provision for the revesting of the land in the
board in the event of the land not being, or not continuing to be, used or
required for approved purposes of that school, as the board may, with the
approval of the Department, determine.]

(3) Paragraphs (8) to (13) of Article 94 shall apply for the purposes of this
Article as they apply for the purposes of that Article and in their
application for the purpose of this Article

(a)references to the Ministry in paragraph (8) shall be construed as including
references to a board and the reference to the Ministry in paragraph (11)
shall be construed as including the board by which the authorisation was
given;

(b)references to that Article shall be construed as references to this
Article.

(4) The board shall not, under paragraph (1), dispose of any land
gratuitously, or at either a price or rent other than the best obtainable, or
on terms other than the best obtainable unless the approval of the Ministry is
obtained.

(5) The Ministry may empower a board to act on its behalf in the acquisition,
holding or disposal of land and a board shall manage and maintain, and may
provide any buildings required for the purposes of this Order on, such land
held by the Ministry as the Ministry may approve.

(6) A board, notwithstanding that it is exercising functions on behalf of the
Ministry under paragraph (5), shall be entitled to enforce any rights acquired
and shall be liable in respect of any liabilities incurred (including
liabilities in tort) in the exercise of those functions in all respects as if
it were acting as principal, and all proceedings for the enforcement of such
rights or liabilities shall be brought by or against the board in its own
name.

(7) Where any transaction or function consequent on an application by a local
authority for a vesting order for the compulsory acquisition of land under the
enactments repealed by this Order or under any other enactment where the
vesting of the land is for the purposes of the functions of the local
authority as a local education authority or a library authority has not, on
the day appointed under Article 94(1), been performed or completed in
accordance with those enactments, those enactments shall, notwithstanding
their repeal, continue in force for the purposes of the performance or
completion of that transaction or function but any such transaction or
function required to be performed by, to or for the benefit of a local
authority shall be done by or to or for the benefit of such board as the
Ministry may direct.

© 1972 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/ealio1972398/s1972.html