Development Services Act (Northern Ireland) 1948

Development Services Act (Northern Ireland) 1948 An Act to enable financial assistance to be given and other measures to be taken to provide for certain services, for bringing derelict land into use, and for the development of derelict areas generally; and for purposes connected with the matters aforesaid. Where it appears to the Ministry of Finance (in this Act referred to as “the Ministry”) after consultation with the appropriate departments that it is desirable, for the purpose of providing (whether directly or indirectly) employment in any area, that the provision or improvement of any service to which this section applies and for which adequate provision has not been made in that area should be specially assisted or accelerated, the Ministry, or any other Government department which the Ministry may designate for the purpose, may either itself provide or improve, or may make grants towards the cost of providing or improving, that service in such manner and subject to such conditions as the Ministry may think expedient for the purposes of this section. For the purposes of this sub-section the expression “appropriate departments” means, in relation to any service to which this section applies, the Ministry of Labour and National Insurance and any such other Government department as appears to the Ministry to be concerned with the administration of that service. The services to which this section applies are all services (including facilities or amenities) which the Ministry is satisfied are necessary in the public interest or are desirable either for the development of any area or for the improvement of any service provided by a local or public authority in the exercise of any function arising under or by virtue of the provisions of any enactment. Subject to the provisions of section seven of this Act and notwithstanding anything to the contrary in any other enactment, the powers conferred by this section on the Ministry or any other Government department to make grants in respect of any service to which this section applies shall be exercisable in addition to any other power conferred by any other enactment to make grants in respect of that service. Where the Ministry considers that, for the purpose of bringing into use any land which appears to the Ministry to be derelict and likely to remain so for a considerable period or of improving the amenities of the neighbourhood of any such land, it is expedient that the Ministry should acquire that land, the Ministry may, either by agreement or compulsorily in accordance with the provisions of sub-section (3) of this section, acquire that land and any easements or rights in or over any land adjacent thereto. The Ministry may carry out such work on land acquired under this section as appears to the Ministry to be expedient for enabling the land to be brought into use or for improving the amenities of the neighbourhood thereof.1 Subject to the provisions of section nine of this Act, the Ministry shall, where it desires to acquire otherwise than by agreement any such land, easement, or right as aforesaid, have power to make an order (in this Act referred to as a “vesting order”) vesting such land, easement or right (as the case may be) in it and the provisions of [ paragraphs (3) and (4) of Article 10 of, and Schedule 3 to, the Drainage (Northern Ireland) Order 1973 ], shall, with the modifications thereof specified in the next succeeding sub-section, apply for the purpose of the making of vesting orders under this section, and shall have effect in relation to every vesting order so made, as if the said provisions as so modified were incorporated in this Act and in terms made applicable thereto. The said provisions as applied for the purpose aforesaid shall have effect as if— references therein to the Ministry of Agriculture were construed as references to the Ministry; references therein to the said Order were construed as references to this Act; and references therein to Article 10 of that Order were construed as references to this section.] Notwithstanding anything contained in section five of the Stormont Regulation and Government Property Act (Northern Ireland), 1933 (which relates to the taking and disposal of land for the public services) the Ministry may— sell, lease, surrender, or otherwise dispose of, on such terms as it may think fit, any land acquired by it for the purpose of this section; exchange any such land, and on any such exchange may give or receive any money for equality of exchange; and the Ministry may impose such restrictions as it may think fit on the user of land held or disposed of under this section and may grant, dedicate or reserve such rights (including public rights) over such land as it may think fit. For the purpose of enabling land which appears to the Ministry to be derelict and likely to remain so for a considerable period to be brought into use, the Ministry, or such other Government department as the Ministry may designate for the purpose, may make grants, of such amount in such manner and at such time or times as the said Ministry or department (as the case may be) may determine, to any local or public authority towards the cost of enabling such land to be brought into use or of improving the amenities of the neighbourhood thereof. For the purpose of securing that any land which appears to a [ district council] to be derelict and likely to remain so for a considerable period is brought into use or of improving the amenities of the neighbourhood thereof, the [ district council] may in accordance with a scheme prepared by the [ council] and duly approved under this section by the Ministry of Health and Local Government after consultation with the Ministry, acquire such land either by agreement or compulsorily… and may carry out on such land such works as may be specified in that behalf in the scheme or as are incidental to or necessary for the execution of the scheme. Subs.(2) rep. by 1972 NI 17 A scheme approved under this section may provide for— the holding or disposal of any land by a [ district council] either for the purposes of the scheme or for any other purpose for which the [ council] is authorised to hold land under or by virtue of the provisions of any enactment; the selling or leasing of such land for the purposes of any…. enactment or for the purposes of the provision, maintenance, or improvement of any service to which section one of this Act applies; the making of charges (including ticket or admission fees, rents or other sums) by any local or public authority in respect of the amenity or service provided thereunder or in connection therewith and for the payment of any revenue derived therefrom to the credit of, and for debiting any loss incurred thereunder or in connection therewith to, such fund or funds as may be specified in the scheme; or the co-operation of any [ district council] with any other local or public authority in the provision, improvement or administration of any service or in the improvement of any amenity. Subs.(4) rep. by 1972 c.9 (NI) A scheme approved under this section may be varied or modified by a subsequent scheme so approved. S.5 rep. by 1949 c.21 (NI); 1953 c.13 (NI); 1972 c.9 (NI) Anything which under the provisions of this Act may be done by a [ district council] may if the Ministry of Health and Local Government so approve be done by any two or more [ district councils] acting in combination with one another. Where under any provision contained in this Act (including this section) the approval of the Ministry of Health and Local Government is required such approval shall not be given or withheld except after consultation with the Ministry. The powers conferred on a [ district council] by this Act shall be in addition to and not in derogation of any power conferred on that [ council] under or by virtue of the Open Spaces Act, 1906 , or the Public Health Acts Amendment Act, 1907 ,…,..., or any other enactment. In determining whether to acquire any land under this Act, or to give or to recommend or approve the giving of any financial assistance under this Act, and in considering the extent of such assistance, the Ministry in consultation with any other Government department concerned shall have regard to circumstances which make it desirable that— works to be undertaken for the provision or improvement of any service should be specially assisted for the purpose of providing employment in the area in question and, in particular, employment for persons who have served full-time in the armed forces of the Crown in time of war emergency; land which is derelict (particularly land within or near urban areas) shall be brought into use; works should be undertaken for the development of the area in question or for the improvement of the amenities of the neighbourhood; and shall also have regard to— the revenue or profit, if any, likely to be derived by a local or public authority as a result of a scheme assisted by grants under this Act; the financial resources of the local or public authority so assisted under this Act; the extent, if any, to which assistance is available for the scheme under any other enactment; and any other special circumstances which in the opinion of the Ministry make it desirable to carry out the scheme, and to give or to withhold from giving any assistance under this Act; and the Ministry of Health and Local Government in approving any scheme under section four of this Act shall likewise have regard to the matters aforesaid. Any expenses incurred under this Act by the Ministry or by any other Government department (including the amount of any grant authorised to be paid by the Ministry or other department, as the case may be, under this Act) shall, subject to the provisions of this sub-section, be defrayed either out of moneys provided by Parliament or (if the Ministry so directs) by means of sums charged on and issued out of the Consolidated Fund: Provided that the total amount to be defrayed by virtue of this sub-section by means of sums charged on and issued out of the Consolidated Fund shall not, unless and until Parliament otherwise provides, exceed the sum of [ forty million pounds]. For the purpose of providing any sums which may be issued out of the Consolidated Fund under the preceding sub-section the Ministry may, if it thinks fit, borrow any sum... Moneys borrowed under the last preceding sub-section shall be repaid within any period or periods not exceeding fifteen years from the date of borrowing, and provision for such repayment may be made out of moneys provided by Parliament.] Nothing in the foregoing provisions of this Act shall operate as so to prejudice any powers or property of the Crown or of any Government department (including a department of the Government of the United Kingdom) or to authorise any matter or thing to be done without the consent of the Minister of Transport or of the Commissioners of Crown Lands in any case where that consent is required to be obtained by virtue of section nine of the Northern Ireland (Miscellaneous Provisions) Act, 1932 , as amended by any subsequent enactment. Nothing in the foregoing provisions of this Act shall be taken to authorise the compulsory acquisition by the Ministry or by a [ district council] of any land which is occupied by or for the purposes of any other Government department (including a department of the Government of the United Kingdom) or local or public authority. In this Act, unless the contrary intention appears, the expression— “enactment” includes any provision in any Act (whether public general, local or private) of the Parliament of Northern Ireland or of the Parliament of the United Kingdom and a provision in any Order in Council, order, regulation, rule, bye-law, scheme or other instrument made under any such Act; “functions” includes both powers and duties; Definition rep. by 1981 NI 3 “land” includes buildings and land covered by water and any estate or interest in, and any easement or right in, to or over, land or land covered by water; Definition rep. by SRO (NI) 1973/285 “local or public authority” includes— any authority or body specified in paragraph 1 of the Schedule to the Government Loans Act (Northern Ireland), 1948 , as an authority or body to whom Local or Public Loans may be made by the Ministry by virtue of section one of that Act; any authority or body carrying on a public utility undertaking; and any body corporate which does not trade for profit or the constitution of which forbids the payment of any dividend or interest at a rate exceeding such rate as may for the time being be determined by the Ministry; Definition rep. by 1972 NI 17 “the Ministry” has the meaning assigned to it by section one of this Act. Subs.(2)(3) rep. by 1954 c.33 (NI) This Act may be cited as the Development Services Act (Northern Ireland), 1948. 1973 NI 1 1933 c.6 1906 c.25 1907 c.53 1932 c.11 1948 c.8 SRO (NI) 1964/205 SRO (NI) 1973/285 Functions transf., SRO (NI) 1964/205; 1973/504 1972 c.9 (NI) 1981 NI 3 1972 NI 17 1992 NI 3 1974 NI 4 1953 c.13 (NI) 1955 c.6 (NI) SI 1953/1204 (Ip. 1225); 1955 /1768 (Ip. 1793); 1965/145; 1970/1537 1957 c.10 (NI) Functions transf., SR 1999/481