HC Deb 22 February 1973 vol 851 cc835-6

'(1) Her Majesty may by Order in Council—

  1. (a) extend this Act (other than Part V thereof), with such additions, exceptions and modifications as appear to Her Majesty to be expedient to—
    1. (i) the provision, operation, management or use of public works in Northern Ireland under any enactment relating to a matter in respect of which the Parliament of Northern Ireland does not have power to make laws (in this section referred to as "a reserved enactment"); and
    2. (ii) acquisitions of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment;
  2. (b) apply, with such additions, exceptions and modifications as appear to Her Majesty to be expedient, the provisions of Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948 or Schedule 6 to the Local Government Act (Northern Ireland) 1972 to the acquisition, otherwise than by agreement, of land in Northern Ireland by any department or body exercising powers of acquisition under a reserved enactment.

(2) An Order in Council under this section may include such provisions as appear to Her Majesty to be incidental to or consequential on any provision contained in such an Order by virtue of subsection (1) above.

(3) An Order in Council under this section may be varied or revoked by a further Order in Council made thereunder'.—[Mr. Graham Page.]

Brought up, and read the First time.

Mr. Graham Page

I beg to move, That the Clause be read a Second time.

Mr. Deputy Speaker

At the same time we shall also discuss Government Amendment No. 100: In page 72, line 10, after 'Act', insert 'except section (Northern Ireland)'.

Mr. Graham Page

Yes, Mr. Deputy Speaker. Amendment No. 100 is consequential on new Clause 4.

New Clause 4 arises out of the following position. As long ago as 1962, during the debate on the Northern Ireland Act in another place, the then Lord Chancellor gave an undertaking that, in the matter of acquisition of property, owners in Northern Ireland would receive treatment no less generous than that received by owners in Great Britain. This undertaking was reaffirmed following publication of the White Paper, and it is in order to apply the compensation provisions of the Bill to Northern Ireland that this new clause is introduced.

Unfortunately, we cannot just say that the Bill shall apply to Northern Ireland because there are certain complications over compensation. Some provisions have already been introduced in Northern Ireland and we have to dovetail the Bill into the existing law of Northern Ireland. The House may think that we have taken a rather cowardly way of doing it, but it is a solution at any rate. By using the device of an Order in Council, we shall have time to work out how to dovetail the one law into the other.

Question put and agreed to.

Clause read a Second time and added to the Bill.

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