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Northern Ireland Act 1947

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Northern Ireland Act 1947

1947 CHAPTER 37 10 and 11 Geo 6

An Act to enlarge the legislative power of the Parliament of Northern Ireland in respect of certain matters and, in connection therewith, to remove doubts regarding the validity of certain laws made by that Parliament; to validate the Fire Services (Emergency Provisions) Act (Northern Ireland) 1942; to apply Part III of the Requisitioned Land and War Works Act 1945, to Northern Ireland; to extend section two of the Northern Ireland (Miscellaneous Provisions) Act 1945; and for purposes connected with the matters aforesaid.

[31st July 1947]

Enlargement of legislative power of the Parliament of Northern IrelandU.K.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

3—7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F4S. 8 repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15 (with s. 95); S.I. 1999/3209, art. 2, Sch.

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

F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4)The provisions of the M1Northern 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).

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F7S. 9(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt.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)

C11.4.1948 appointed under s. 9(7) by S.I. 1948/345 (Rev. XVI, p. 1036: 1948I, p. 3159), art. 1

Marginal Citations

10, 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.

Application of Part III of Requisitioned Land and War Works Act1945 to Northern IrelandU.K.

12 Application of Part III of Requisitioned Land and War Works Act 1945 to Northern Ireland. 8 & 9 Geo. c. 43.U.K.

(1)Part III of the Requisitioned Land and War Works Act 1945 (which provides for the stopping up and diversion of highways stopped up or diverted in the exercise of emergency powers and for the retention of railways, tramways, etc., on highways where the highways are not stopped up or diverted, subject, however, to the publication of proposals in that behalf and the reference thereof to the War Works Commission in certain cases) shall apply to Northern Ireland subject to the modifications set out in the Second Schedule to this Act, and accordingly,—

(a)so much of subsection (2) of section sixty-one of that Act (which contains provisions with respect to the application of that Act to Northern Ireland) as provides that the said Part III shall not apply to Northern Ireland shall cease to have effect; and

(b)in subsection (8) of that section, after the words “For any reference to the Minister of Agriculture and Fisheries” there shall be inserted the words “(other than the reference in Part III of this Act)”.

(2)Any increase, by virtue of this section, in the sums which under the M2Requisitioned Land and War Works Act 1945 are defrayed out of moneys provided by the Parliament of the United Kingdom shall be defrayed out of moneys so provided.

Marginal Citations

F913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F9S. 13 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XI Group2.

SupplementaryU.K.

14 Interpretation.U.K.

F10(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the avoidance of doubt it is hereby declared that any reference to an authority in this Act (except in a provision thereof where the context otherwise requires) . . . F11 includes a reference to a department of the Government of Northern Ireland and to a Minister of Northern Ireland.

(4)References in this Act to any other enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended by or under any subsequent enactment, including this Act.

15 Short title.U.K.

This Act may be cited as the Northern Ireland Act 1947.

SCHEDULES

Section 9.

FIRST SCHEDULEU.K. Amendments of the M3Northern Ireland Land Purchase (Winding Up) Act 1935

Marginal Citations

Provision amended and subject matter thereofAmendment
Subsection (2) of section six (Power of Treasury to arrange for discharge of functions of the Land Purchase Commission, Northern Ireland, by certain Departments and persons).After the words “or by the Land Purchase Trustee for Northern Ireland,” there shall be inserted the words “or by the Registrar of Titles in Northern Ireland”.
Subsection (1) of section nine (Office of Land Purchase Trustee for Northern Ireland to be held by such officer of the Supreme Court as may be designated by the Lord Chief Justice of Northern Ireland).After the words “Lord Chief Justice of Northern Ireland”, there shall be inserted the words “or, if the Lord Chief Justice so directs, by the Registrar of Titles in Northern Ireland”.
Subsection (2) of section nine (Salary of person designated to hold office of Land Purchase Trustee for Northern Ireland to be such as the Treasury may determine).For the words “the person designated to hold the said office” there shall be substituted the words “any officer of the Supreme Court designated to hold the said office”.
Subsection (4) of section nine (Time devoted by the holder of the office of Land Purchase Trustee for Northern Ireland, or by any other officer of the Supreme Court, to the duties of that office to be deemed to be time devoted to the duties of his office in the Supreme Court).For the words “by the holder of the said office, or by any other officer of the Supreme Court”, there shall be substituted the words “by any officer of the Supreme Court”.

Section 12.

SECOND SCHEDULEU.K. Modifications of Part III of the M4Requisitioned Land and War Works Act 1945 in its Application to Northern Ireland

Marginal Citations

1U.K.For references to the Minister of Transport there shall be substituted references to the Secretary of State.

2U.K.In paragraph (b) of subsection (2) of section fifteen, for the words “repairable by the inhabitants at large” there shall be substituted the words “maintainable at the cost of a county or county district”.

3U.K.In paragraph (c) of the said subsection (2), for the words “the M5Trunk Roads Act 1936” there shall be substituted the words “any enactment of the Parliament of Northern Ireland (whether passed before or after the commencement of this Act) containing a provision corresponding to any provision of the M6Trunk Roads Acts 1936 and 1946”.

4U.K.In sub-paragraph (ii) of paragraph (f) of the said subsection (2), for the words “section one or section two of the M7Restriction of Ribbon Development Act 1935” there shall be substituted the words “section two or section four of the Roads Improvement Act (Northern Ireland) 1928”.

Marginal Citations

5U.K.In subsection (1) of section sixteen, the reference to the making of provision by or under any Act (whether public general or local) shall be construed as including a reference to the making of provision by or under any such Act of the Parliament of Northern Ireland.

6U.K.In subsection (1) of section seventeen, for the definition of local authority there shall be substituted the following definition:—

“ 'local authority’ means the council of a county, county borough, borough, urban district or rural district”.

7U.K.Subsection (2) of section nineteen shall have effect as if for references to the High Court there were substituted references to His Majesty’s High Court of Justice in Northern Ireland . . . F12

Textual Amendments

8U.K.In subsection (2) of section twenty-two, for the words “by the Minister of Agriculture and Fisheries” there shall be substituted the words “by the Secretary of State or the Ministry of Agriculture for Northern Ireland”.

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