24 1924




1.—The Corporation where they propose to purchase or substitute land compulsorily under this Act may submit to the Minister an order authorising the Corporation to put in force as respects the land specified in the order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement and the provisions of this Act with respect to substitution, as the case requires.

2.—An order under this Schedule shall be of no force unless and until it is confirmed by the Minister and the Minister may confirm the order either without modification or subject to such modifications as he thinks fit, and an order when so confirmed on the expiration of one month from the publication of notice of confirmation shall, save as otherwise expressly provided by this Schedule, become final and have effect as if enacted in this Act; and the confirmation by the Minister shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made, and is within the powers of this Act.

3.—The order shall be in the prescribed form, and shall contain such provisions as the Minister may prescribe for the purpose of carrying the order into effect, and shall incorporate, subject to the necessary adaptations, the Lands Clauses Acts as defined in this Schedule.

4.—On the submission of the order to the Minister notice of the order shall be published by the Corporation in the prescribed manner, and such notice shall be given both in the locality in which the land is proposed to be acquired or substituted, and to the owners, lessees, and occupiers of that land as may be prescribed.

5.—If within one month after the publication of the notice of the order no objection to the order has been presented to the Minister by a person interested in the land, or if every such objection has been withdrawn, the Minister may, without further inquiry, confirm the order, but if such an objection has been presented, and has not been withdrawn, the Minister shall forthwith direct a local inquiry as to the propriety of confirming the order, and the Corporation and all persons interested in the land and such other persons as the person holding the inquiry in his discretion thinks fit to allow shall be permitted to appear and be heard at the inquiry. Before confirming the order the Minister shall consider the report of the person who held the inquiry and all objections made thereat.

6.—On confirming an order the Minister shall forthwith publish notice of the confirmation, and if within fourteen days after such publication a petition against the order is received by the Minister signed by not less than six persons interested in the land then (unless the petition is withdrawn within the prescribed period) the order shall be provisional only and shall not have effect unless confirmed by the Oireachtas.

A certificate by the Minister that no such petition has been so received, or that every petition so received has been withdrawn, as the case may be, and that the order has taken effect shall be conclusive evidence of the facts certified.

7.—Where the land is the site, or part of the site, of a building or buildings in respect of which a judge has made a report under section 15 of the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), the arbitrator appointed for the purpose of settling compensation shall, in addition to any determination which he shall make for that purpose also fix and determine the value of the land without such building or buildings and as if such report had not been made.

8.—In determining the amount of compensation payable to any person interested in the land, the arbitrator shall have regard to the extent to which any adjoining or neighbouring land or hereditaments in which the same person is also interested may be benefited by the improvements to be made by the Corporation on or in connection with the land taken or any adjoining or neighbouring land.

9.—In construing for the purposes of, this Schedule or any order made thereunder, any enactment incorporated with the order, this Act together with the order, when duly confirmed, shall be deemed to be the special Act or the confirming Act as the case requires, the due confirmation of the order to be the passing of the confirmation Act, the Minister to be the confirming authority, and the Corporation to be the promoters of the undertaking, the company, local authority or district council as the case requires.

10.—In this Schedule the expression “Lands Clauses Acts” means the Lands Clauses Acts as amended by section eight of the Public Health (Ireland) Act, 1896.