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RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 -
LONG TITLE

An Act to amend section forty-five of the Railway and Canal Traffic
Act, 1888, in its application to the abandonment of unnecessary
canals in Northern Ireland, and for purposes connected therewith.{1}
[17th June 1930]
Amendment of s.45 of 1888 c.25, as to abandonment of unnecessary
canals.

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 -
SECT 1

1. Section forty-five of the Railway and Canal Traffic Act, 1888
(in this Act referred to as "the principal enactment") shall, in
its application to the abandonment of unnecessary canals in Northern
Ireland, have effect subject to the following amendments:

(a)A warrant of abandonment shall not be granted unless the
proprietors of the canal have given security, to such amount and in
such manner as the Ministry of Commerce may require, for the making
of compensation to all persons who may be determined under this Act
to be entitled to compensation by reason of the abandonment of the
canal;

(b)An order of the Ministry of Commerce under sub-section (1) of
the principal enactment (in this Act referred to as "an order of
release") may make provision for all or any of the following
matters, in addition to the matters mentioned in the said
sub-section:

(i)For releasing the canal, or any land held by the proprietors
thereof (whether in connection with the canal undertaking or not),
from any statutory or other liability to forfeiture or reverter or
other similar liability attaching thereto as against the proprietors
in consequence of the abandonment of the canal;

(ii)For vesting, with the consent of the proprietors and of the
person, body or department in whom it is proposed to vest, the
canal or any part thereof, or any land held by the proprietors in
connection therewith, in such person, body of persons, or government
department and upon such conditions, as may be specified in the
order of release;

<(iii)For any other matters which may appear to the Ministry of Commerce to be necessary or proper for carrying the order of release into effect;

(c)An order of release shall not be made unless the provisions of
this Act as to the assessment of compensation have been complied
with, and any compensation awarded under those provisions has been
made to the persons entitled thereto or, if any such person dies,
refuses to accept the compensation to which he is entitled, or
cannot be ascertained, or any other like difficulty arises, has been
paid or transferred to the Ministry of Commerce to be held on
behalf of such person or his representatives in accordance with
regulations to be made under sub-section (8) of the principal
enactment.

Para.(d) rep. by SLR (NI) 1953

(e)In the principal enactment and in this Act references to a
canal, in the case of a canal which is not wholly situate in
Northern Ireland, shall be construed as referring to so much of the
canal as is so situate.

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 -
SECT 2
Effect of proceedings under the principal enactment.

2.(1) In the case of an unnecessary canal, a warrant of abandonment
may be granted and an order of release may be made, and shall
have full effect, under the principal enactment, notwithstanding any
provision in any local or personal Act passed before the passing of
this Act (whether before or after the commencement of the principal
enactment).

(2) Neither the application of the proprietors for a warrant under
the principal enactment authorising the abandonment of an unnecessary
canal, nor the issue of such warrant by the Ministry of Commerce,
nor anything done in connection with the application for, or issue
of, such warrant and before the making of an order of release,
shall be deemed, for the purposes of any local or personal Act
relating to such canal or to the proprietors thereof, to be the
doing of an act or thing giving rise to the forfeiture by the
proprietors, or the reverter, of the canal or any part thereof, or
of any land held by the proprietors (whether in connection with the
canal undertaking or not), or affecting the title of the proprietors
to the same, or giving rise to any similar liability or consequence
as against the proprietors.

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 -
SECT 3
Provisions as to compensation.

3. Compensation shall be made, under and subject to the following
provisions of this section, to all persons entitled to compensation
by reason of the abandonment of an unnecessary canal under the
authority of a warrant in pursuance of the principal enactment, that
is to say:

(a)The amount of compensation payable to any such person shall in
default of agreement be assessed by an arbitrator to be agreed upon
by the parties, or in default of such agreement to be appointed by
the Ministry of Commerce;

(b)The expenses of the arbitration shall be defrayed by the
proprietors of the canal, except so far as the Ministry of Commerce
may otherwise direct;

(c)The costs of the proprietors of the canal and the claimants in
the arbitration other than an arbitration in which the arbitrator
has entered upon his duties before the passing of this Act, shall
be in the discretion of the arbitrator, who may direct to and by
whom and in what manner those costs or any part thereof shall be
paid, and the arbitrator may himself tax the amount of costs
ordered to be paid, or may direct in what manner they are to be
taxed;

(d)The arbitrator shall have power, with the consent of the
proprietors of the canal, and of any person entitled to
compensation, to award that the payment of the whole or part of
the compensation to which that person is entitled shall be
discharged by the conveyance to him of any land held by the
proprietors for the purposes of the canal;

(e)The Ministry of Commerce may make regulations under sub-section
(8) of the principal enactment for the purpose of giving effect to
the provisions of this section.

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 -
SECT 4
Transfer and vesting of land held in connection with an unnecessary
canal.

4.(1) Where, by an order of release or by the award of an
arbitrator under this Act, any land belonging to the proprietors of
an unnecessary canal is directed to be vested in, or is awarded
to, any person, body of persons or government department, all the
estate and interest of the proprietors in such land shall, as from
the certified date, be transferred to and vest by virtue of this
Act in that person, body or department.

For the purposes of this section, the certified date shall be such
date as may be specified in a certificate under the seal of the
Ministry of Commerce, and the certificate shall be deemed to be
part of the order of release or award, as the case may be.

(2) A copy, certified under the seal of the Ministry of Commerce,
of so much of an order of release or award as relates to any
land transferred and vested as aforesaid, or the title to such land
created by the order of release or award (if the same relates to
land the ownership of which is registered under the Local
Registration of Title (Ireland) Act, 1891), shall forthwith upon
production of such certified copy be registered in the proper office
for the registration of deeds or titles, as the case requires.

(3) No stamp duty shall be charged on an order of release, award
of an arbitrator or certified copy made or issued in pursuance of
this Act.

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 -
SECT 5
Provisions as to existing proceedings and awards.

5.(1) Any agreement made before the sixteenth day of April, nineteen
hundred and thirty, in any legal proceedings in connection with a
proposal to grant a warrant authorising the abandonment of an
unnecessary canal under the principal enactment, and any regulations
made, inquiry held or other proceedings taken by, or under the
direction of, the Ministry of Commerce before the said day in
connection with any such proposal, shall be deemed to have been
duly made, held or taken under the authority of the principal
enactment as amended by this Act.

Any award made by an arbitrator appointed before the said day under
regulations of the Ministry of Commerce to determine compensation
under paragraph (d) of sub-section (2) of the principal enactment,
as originally enacted, shall have the like effect as if made under
this Act.

(2) Where, in pursuance of an award to which sub-section (1) of
this section applies, compensation is payable to any persons by the
proprietors of an unnecessary canal by reason of the abandonment
thereof, the order of release made in respect of the canal may
provide, if the Ministry of Finance consents, that the whole or
part of any sum payable by the said proprietors to that Ministry
under a local or personal Act passed before the passing of this
Act shall, instead of being paid to the Ministry of Finance, be
applied in payment of compensation as aforesaid.

RAILWAY AND CANAL TRAFFIC (AMENDMENT) ACT (NORTHERN IRELAND) 1930 -
SECT 6
Short title and construction.

6. This Act may be cited as the Railway and Canal Traffic
(Amendment) Act (Northern Ireland), 1930, and shall be construed as
one with the Railway and Canal Traffic Act, 1888, as that Act
applies in Northern Ireland.