SCHEDULES

SCHEDULE 5 Acquisition of land

Part I Powers of acquisition etc

Northern Ireland

3

1

Where a universal service provider proposes to acquire, otherwise than by agreement, any land in Northern Ireland—

F1a

which it is necessary to acquire for the purpose of providing a universal postal service, or

F1b

as to which it can reasonably be foreseen that it will be so necessary,

the universal service provider may apply to the Secretary of State for an order vesting the land in him, and the Secretary of State shall have power to make such an order.

2

The power of acquiring land compulsorily under this paragraph includes power to acquire, by the creation of a new right, an easement or other right over land.

3

The Secretary of State shall consult the First Minister and the deputy First Minister in Northern Ireland before exercising his power to make an order under this paragraph in respect of land which—

a

is the property of any public body which has power under any enactment to acquire land compulsorily, or

b

is declared by or under any enactment to be inalienable,

where representations objecting to the proposal for making the order have been duly made by the owner of the land and not withdrawn.

4

Any land in Northern Ireland vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

5

Section 122(1) does not apply to an order of the Secretary of State under this paragraph.

6

In this paragraph—

  • “land” has the meaning given by section 45(1)(a) of the M1Interpretation Act (Northern Ireland) 1954, and

  • “public body” means a body established by or under any enactment.