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LAND ACQUISITION AND COMPENSATION (NORTHERN

30.(1) Where a person is displaced from a dwelling on any land in consequence
of

(a)the compulsory acquisition of an interest in the dwelling;

(b)the making or acceptance of a housing order or undertaking in respect of
the dwelling;

(c)where the land has been previously acquired or appropriated by an authority
possessing compulsory acquisition powers and is for the time being held for
the purposes for which it was acquired or appropriated, the carrying out of
[any improvement of the dwelling or of] redevelopment on the land;

[(d)the carrying out of any improvement to the dwelling or of redevelopment on
the land by a housing association which has previously acquired the land and
which at the date of the displacement is registered,]

[(i)where sub-paragraph (a) applies, the acquiring authority;

(ii)where sub-paragraph (b) applies, the authority who made the order or
accepted the undertaking;

(iii)where sub-paragraph (c) applies, the authority carrying out the
improvement or redevelopment; and

(iv)where sub-paragraph (d) applies, the housing association carrying out the
improvement or redevelopment].

(2) A person shall not be entitled to a home loss payment unless throughout a
period of not less than five years ending with the date of displacement

(a)he has been in lawful occupation of the dwelling, or a substantial part of
it, as his only or main residence; and

(b)he has been in occupation as aforesaid by virtue of an interest or right to
which this Article applies;

(3) For the purposes of this Article a person shall be deemed to have been
displaced from a dwelling in consequence of the compulsory acquisition of an
interest therein ... if, after the notice of application for, or the notice of
intention to make, a vesting order in respect of that interest has been
published ... but before such an order becomes operative, he gives up
occupation of the dwelling by arrangement with the Housing Executive or with
the authority proposing to acquire the dwelling compulsorily.

[(3A) For the purposes of this Article a person shall not be treated as
displaced from a dwelling in consequence of the acceptance of an undertaking
or of the carrying out of any improvement to the dwelling unless he is
permanently displaced from it in consequence of the carrying out of the works
specified in the undertaking or, as the case may be, of the improvement in
question.

(3B) For the purposes of this Article a person shall be deemed to have been
displaced from a dwelling in consequence of the making of a housing order in
relation thereto if

(a)the Housing Executive is satisfied that the dwelling is unfit for human
habitation and is not capable at reasonable expense of being rendered so fit;
and

(b)the person vacating the dwelling gives up occupation by arrangement with
the Housing Executive.]

(4) This Article applies to the following interests and rights

(a)any interest in the dwelling including a right to occupy the dwelling as a
statutory tenant to whom section 15 of the Increase of Rent and Mortgage
Interest (Restrictions) Act 1920 or section 18 of the Rent and Mortgage
Interest (Restrictions) Act (Northern Ireland) 1940 applies;

(b)a right to occupy the dwelling under a contract at a rent which includes
payment for the use of furniture or for services;

(c)a right to occupy the dwelling under a contract of employment.

(5) No home loss payment shall be made to any person displaced from a dwelling
in consequence of the acquisition of an interest therein if the acquisition is
in pursuance of the service by him of a blight notice under section 3 of the
Planning and Land Compensation Act (Northern Ireland) 1971 or under Article
60.

(6) Where an authority possessing compulsory acquisition powers acquire the
interest of any person in a dwelling by agreement, then, in relation to any
other person who is displaced from the dwelling in consequence of the
acquisition, paragraphs (1) to (4) shall have effect as if the acquisition
were compulsory and a vesting order in respect of the dwelling had become
operative when the agreement was made.

Para.(7) rep. by 1977 NI 8 art.14(2) sch.

(8) Where an interest in a dwelling is vested in trustees (other than a sole
tenant for life within the meaning of the Settled Land Acts 1882 to 1890) and
a person beneficially entitled (whether directly or derivatively) under the
trusts is entitled or permitted by reason of his interest to occupy the
dwelling, he shall be treated for the purposes of this Article as occupying it
by virtue of an interest in the dwelling.

(9) In this Article

["housing order" means a demolition, closing or clearance order under Chapter
II of Part III of the Housing (Northern Ireland) Order 1981;]

["improvement" includes alteration and enlargement;]

["undertaking" means an undertaking accepted under Article 35(3) of the
Housing (Northern Ireland) Order 1981;]

"redevelopment" includes change of use.

(10) This Article applies if the date of displacement, or in the case within
paragraph (3) the giving up of occupation, is on or after 17th October 1972.

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