S.I. No. 514/2008 - Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, Etc) (form of Notice) Regulations 2008


S.I. No. 514 of 2008

HOUSING ACT 1966 (COMPULSORY ACQUISITION OF LAND FOR MOTORWAYS AND SERVICE AREAS, ETC) (FORM OF NOTICE) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th December, 2008.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 5(1) and 78(1) of the Housing Act 1966 (No. 21 of 1966) (as adapted by section 10 (inserted by section 86 of the Housing Act 1966 ) of the Local Government Act 1960 (No. 2 of 1960) and the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 )), hereby make the following regulations:

1. These Regulations may be cited as the Housing Act 1966 (Compulsory Acquisition of Land for Motorways and Service Areas, etc) (Form of Notice) Regulations 2008.

2. The form set out in the Schedule is the form of notice prescribed for the purposes of section 78(1) of the Housing Act 1966 (No. 21 of 1966) in respect of the compulsory acquisition of land under section 52(1) of the Roads Act 1993 .

3. Regulation 8 of, and Form 12 of the Schedule to, the Housing Act 1966 (Acquisition of Land) Regulations 2000 ( S.I. No. 454 of 2000 ) are revoked.

SCHEDULE

Form of Notice of the approval by An Bord Pleanála under section 49 (as amended by section 9 of the Roads Act 2007 ) of the Roads Act 1993 of a motorway scheme, service area scheme, busway scheme or protected road scheme made under section 47 (as amended by section 9 of the Roads Act 2007 ) of the Roads Act 1993 as respects all or part of the land to which the scheme relates which may be compulsorily acquired under section 52(1) of the Roads Act 1993 and which notice of is required to be published in accordance with section 78(1) of the Housing Act 1966 .

Notice of Compulsory Acquisition of Land

Section 78(1) (as applied by section 52(1) of the Roads Act 1993 ) of the Housing Act 1966

(name of scheme)

An Bord Pleanála has on approved or approved with modifications the above scheme under section 49(3) of the Roads Act 1993 in respect of (name of road authority or National Roads Authority) which is under section 52(1) of the Roads Act 1993 authorised to compulsorily acquire any land or substratum of land or any rights in relation to land specified in the approved scheme.

A copy of the scheme as approved may be seen at between (hours) for 21 days after the date this Notice is first published until .

Published by (name of road authority or National Roads Authority) on (date).

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GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government.

2 December 2008

JOHN GORMLEY.

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order prescribes the form to be used to indicate approval, or approval with modifications, by An Bord Pleanála to the National Roads Authority or the relevant road authority to use its powers under the Roads Act 1993 , as amended, to compulsorily acquire land for the purposes of providing a motorway/busway/protected road /service area.

The Order also revokes Regulation 8 and Form 12 of the Housing Act 1966 (Acquisition of Land) Regulations 2000 (S.I. 454 of 2000).