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DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - LONG TITLE

An Act to enable financial assistance to be given and other
measures to be taken to provide for certain services, for bringing
derelict land into use, and for the development of derelict areas
generally; and for purposes connected with the matters aforesaid.
[23rd December 1948]
Provision of services.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 1

1.(1) Where it appears to the Ministry of Finance (in this Act
referred to as "the Ministry") after consultation with the
appropriate departments that it is desirable, for the purpose of
providing (whether directly or indirectly) employment in any area,
that the provision or improvement of any service to which this
section applies and for which adequate provision has not been made
in that area should be specially assisted or accelerated, the
Ministry, or any other Government department which the Ministry may
designate for the purpose, may either itself provide or improve, or
may make grants towards the cost of providing or improving, that
service in such manner and subject to such conditions as the
Ministry may think expedient for the purposes of this section.

For the purposes of this sub-section the expression "appropriate
departments" means, in relation to any service to which this section
applies, the Ministry of Labour and National Insurance and any such
other Government department as appears to the Ministry to be
concerned with the administration of that service.

(2) The services to which this section applies are all services
(including facilities or amenities) which the Ministry is satisfied
are necessary in the public interest or are desirable either for
the development of any area or for the improvement of any service
provided by a local or public authority in the exercise of any
function arising under or by virtue of the provisions of any
enactment.

(3) Subject to the provisions of section seven of this Act and
notwithstanding anything to the contrary in any other enactment, the
powers conferred by this section on the Ministry or any other
Government department to make grants in respect of any service to
which this section applies shall be exercisable in addition to any
other power conferred by any other enactment to make grants in
respect of that service.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 2
Power to acquire and carry out works on derelict land.

2.(1) Where the Ministry considers that, for the purpose of bringing
into use any land which appears to the Ministry to be derelict and
likely to remain so for a considerable period or of improving the
amenities of the neighbourhood of any such land, it is expedient
that the Ministry should acquire that land, the Ministry may, either
by agreement or compulsorily in accordance with the provisions of
sub-section (3) of this section, acquire that land and any easements
or rights in or over any land adjacent thereto.

(2) The Ministry may carry out such work on land acquired under
this section as appears to the Ministry to be expedient for
enabling the land to be brought into use or for improving the
amenities of the neighbourhood thereof.

(3) Subject to the provisions of section nine of this Act, the
Ministry shall, where it desires to acquire otherwise than by
agreement any such land, easement, or right as aforesaid, have power
to make an order (in this Act referred to as a "vesting order")
vesting such land, easement or right (as the case may be) in it
and the provisions of [paragraphs (3) and (4) of Article 10 of,
and Schedule 3 to, the Drainage (Northern Ireland) Order 1973],
shall, with the modifications thereof specified in the next
succeeding sub-section, apply for the purpose of the making of
vesting orders under this section, and shall have effect in relation
to every vesting order so made, as if the said provisions as so
modified were incorporated in this Act and in terms made applicable
thereto.

(4) The said provisions as applied for the purpose aforesaid shall
have effect as if

(a)references therein to the Ministry of Agriculture were construed
as references to the Ministry;

[(b)references therein to the said Order were construed as references
to this Act; and

(c)references therein to Article 10 of that Order were construed as
references to this section.]

(5) Notwithstanding anything contained in section five of the
Stormont Regulation and Government Property Act (Northern Ireland),
1933 (which relates to the taking and disposal of land for the
public services) the Ministry may

(a)sell, lease, surrender, or otherwise dispose of, on such terms as
it may think fit, any land acquired by it for the purpose of this
section;

(b)exchange any such land, and on any such exchange may give or
receive any money for equality of exchange;

Grants for development of derelict areas.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 3

3. For the purpose of enabling land which appears to the Ministry
to be derelict and likely to remain so for a considerable period
to be brought into use, the Ministry, or such other Government
department as the Ministry may designate for the purpose, may make
grants, of such amount in such manner and at such time or times
as the said Ministry or department (as the case may be) may
determine, to any local or public authority towards the cost of
enabling such land to be brought into use or of improving the
amenities of the neighbourhood thereof.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 4
Schemes by district councils for dealing with derelict land.

4.(1) For the purpose of securing that any land which appears to a
[district council] to be derelict and likely to remain so for a
considerable period is brought into use or of improving the
amenities of the neighbourhood thereof, the [district council] may in
accordance with a scheme prepared by the [council] and duly approved
under this section by the Ministry of Health and Local Government
after consultation with the Ministry, acquire such land either by
agreement or compulsorily... and may carry out on such land such
works as may be specified in that behalf in the scheme or as are
incidental to or necessary for the execution of the scheme.

Subs.(2) rep. by 1972 NI17 art.110(2) sch.7

(3) A scheme approved under this section may provide for

(a)the holding or disposal of any land by a [district council]
either for the purposes of the scheme or for any other purpose for
which the [council] is authorised to hold land under or by virtue
of the provisions of any enactment;

(b)the selling or leasing of such land for the purposes of any....
enactment or for the purposes of the provision, maintenance, or
improvement of any service to which section one of this Act
applies;

(c)the making of charges (including ticket or admission fees, rents
or other sums) by any local or public authority in respect of the
amenity or service provided thereunder or in connection therewith and
for the payment of any revenue derived therefrom to the credit of,
and for debiting any loss incurred thereunder or in connection
therewith to, such fund or funds as may be specified in the
scheme; or

(d)the co-operation of any [district council] with any other local
or public authority in the provision, improvement or administration
of any service or in the improvement of any amenity.

Subs.(4) rep. by 1972 c.9 (NI) s.149 sch.9

(5) A scheme approved under this section may be varied or modified
by a subsequent scheme so approved.

S.5 rep. by 1949 c.21 (NI) s.23 sch.; 1953 c.13 (NI) s.4 sch.;
1972 c.9 (NI) s.149 sch.9

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 6
General provisions as to district councils.

6.(1) Anything which under the provisions of this Act may be done
by a [district council] may if the Ministry of Health and Local
Government so approve be done by any two or more [district
councils] acting in combination with one another.

(2) Where under any provision contained in this Act (including this
section) the approval of the Ministry of Health and Local Government
is required such approval shall not be given or withheld except
after consultation with the Ministry.

(3) The powers conferred on a [district council] by this Act shall
be in addition to and not in derogation of any power conferred on
that [council] under or by virtue of the Open Spaces Act, 1906, or
the Public Health Acts Amendment Act, 1907,..., the Development of
Tourist Traffic Act (Northern Ireland), 1948, or any other enactment.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 7
Matters to be regarded in administering this Act.

7. In determining whether to acquire any land under this Act, or
to give or to recommend or approve the giving of any financial
assistance under this Act, and in considering the extent of such
assistance, the Ministry in consultation with any other Government
department concerned shall have regard to circumstances which make it
desirable that

(a)works to be undertaken for the provision or improvement of any
service should be specially assisted for the purpose of providing
employment in the area in question and, in particular, employment
for persons who have served full-time in the armed forces of the
Crown in time of war emergency;

(b)land which is derelict (particularly land within or near urban
areas) shall be brought into use;

(c)works should be undertaken for the development of the area in
question or for the improvement of the amenities of the
neighbourhood;

(d)the revenue or profit, if any, likely to be derived by a local
or public authority as a result of a scheme assisted by grants
under this Act;

(e)the financial resources of the local or public authority so
assisted under this Act;

(f)the extent, if any, to which assistance is available for the
scheme under any other enactment; and

(g)any other special circumstances which in the opinion of the
Ministry make it desirable to carry out the scheme, and to give or
to withhold from giving any assistance under this Act;

Expenses.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 8

8.(1) Any expenses incurred under this Act by the Ministry or by
any other Government department (including the amount of any grant
authorised to be paid by the Ministry or other department, as the
case may be, under this Act) shall, subject to the provisions of
this sub-section, be defrayed either out of moneys provided by
Parliament or (if the Ministry so directs) by means of sums charged
on and issued out of the Consolidated Fund:

Provided that the total amount to be defrayed by virtue of this
sub-section by means of sums charged on and issued out of the
Consolidated Fund shall not, unless and until Parliament otherwise
provides, exceed the sum of [forty million pounds].

(2) For the purpose of providing any sums which may be issued out
of the Consolidated Fund under the preceding sub-section the Ministry
may, if it thinks fit, borrow any sum...

[(3) Moneys borrowed under the last preceding sub-section shall be
repaid within any period or periods not exceeding fifteen years from
the date of borrowing, and provision for such repayment may be made
out of moneys provided by Parliament.]

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 9
Saving for Crown, etc.

9.(1) Nothing in the foregoing provisions of this Act shall operate
as so to prejudice any powers or property of the Crown or of any
Government department (including a department of the Government of
the United Kingdom) or to authorise any matter or thing to be done
without the consent of the Minister of Transport or of the
Commissioners of Crown Lands in any case where that consent is
required to be obtained by virtue of section nine of the Northern
Ireland (Miscellaneous Provisions) Act, 1932, as amended by any
subsequent enactment.

(2) Nothing in the foregoing provisions of this Act shall be taken
to authorise the compulsory acquisition by the Ministry or by a
[district council] of any land which is occupied by or for the
purposes of any other Government department (including a department
of the Government of the United Kingdom) or local or public
authority.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 10
Interpretation.

10.(1) In this Act, unless the contrary intention appears, the
expression

"enactment" includes any provision in any Act (whether public
general, local or private) of the Parliament of Northern Ireland or
of the Parliament of the United Kingdom and a provision in any
Order in Council, order, regulation, rule, bye-law, scheme or other
instrument made under any such Act;

"functions" includes both powers and duties;

Definition rep. by 1981 NI3 art.163(2) sch.13

"land" includes buildings and land covered by water and any estate
or interest in, and any easement or right in, to or over, land or
land covered by water;

Definition rep. by SRO (NI) 1973/285

"local or public authority" includes

(a)any authority or body specified in paragraph 1 of the Schedule
to the Government Loans Act (Northern Ireland), 1948, as an
authority or body to whom Local or Public Loans may be made by
the Ministry by virtue of section one of that Act;

(b)any authority or body carrying on a public utility undertaking;
and

(c)any body corporate which does not trade for profit or the
constitution of which forbids the payment of any dividend or
interest at a rate exceeding such rate as may for the time being
be determined by the Ministry;

Definition rep. by 1972 NI17 art.110(2) sch.7

"the Ministry" has the meaning assigned to it by section one of
this Act.

Subs.(2)(3) rep. by 1954 c.33 (NI) s.48(1) sch.

DEVELOPMENT SERVICES ACT (NORTHERN IRELAND) 1948 - SECT 11
Short title.

11. This Act may be cited as the Development Services Act (Northern
Ireland), 1948.