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LAND ACQUISITION AND COMPENSATION (NORTHERN

35.(1) Subject to the provisions of this Article, the amount of any farm loss
payment shall be equal to the average annual profit derived from the use for
agricultural purposes of the agricultural land comprised in the land acquired;
and that profit shall be computed by reference to the profits for the three
years ending with the date of displacement or, if the person concerned has
then been in occupation for a shorter period, that period.

(2) Where accounts have been made up in respect of the profits of the person
concerned for a period or consecutive periods of twelve months and that period
or the last of them ends not more than one year before the date of
displacement, paragraph (1) shall have effect as if the date on which that
period or the last of those periods ends were the date of the displacement.

(3) Where the date of displacement is determined in accordance with Article
34(3)(c) and the person concerned has on that date been in occupation for more
than three years, he may elect that the average annual profit shall, instead
of being computed by reference to the profits for the years mentioned in
paragraph (1), be computed by reference to the profits for

(a)any three consecutive periods of twelve months for which accounts in
respect of his profits have been made up, being periods for which he has been
in occupation and the last of which ends on or after the date of completion of
the acquisition; or

(b)if there are no such periods as aforesaid, any three consecutive years for
which he has been in occupation and the last of which ends on or after the
date mentioned in sub-paragraph (a).

(4) In calculating the profits mentioned in paragraph (1) there shall be
deducted a sum equal to the rent that might reasonably be expected to be
payable in respect of the agricultural land comprised in the land acquired if
it were let for agricultural purposes to a tenant responsible for rates,
repairs and other outgoings; and that deduction shall be made whether or not
the land is in fact let and, if it is, shall be made to the exclusion of any
deduction for the rent actually payable.

(5) In calculating the profits mentioned in paragraph (1) there shall be left
out of account profits from any activity if a sum in respect of loss of
profits from that activity would fall to be included in the compensation, so
far as attributable to disturbance, for the acquisition of the interest in the
land acquired.

(6) Where the value of the agricultural land comprised in the land acquired
exceeds the value of the agricultural land comprised in the new unit the
amount of the farm loss payment shall be proportionately reduced.

(7) For the purposes of paragraph (6) the value of any land shall be assessed

(a)on the basis of its value as land used solely for agriculture and as for a
freehold interest therein with vacant possession;

(b)by reference to the condition of the land and its surroundings and to
prices current

(i)in the case of the land comprised in the land acquired, on the date of
displacement;

(ii)in the case of land comprised in the new unit, on the date on which the
person concerned begins to farm the new unit;

(c)in accordance with rules (2) to (4) in section 2 of the
Acquisition of Land (Assessment of Compensation) Act 1919;

(d)without regard to the principal dwelling (if any) comprised in the same
agricultural unit as that land.

(8) The amount of a farm loss payment shall not be greater than the amount (if
any) by which

(a)that payment, calculated apart from this paragraph, together with
compensation for the acquisition of the interest in the land acquired assessed
on the assumptions mentioned in Article 8(2), (3) and (4) (including any sum
included as compensation for disturbance), exceeds

(b)the compensation actually payable for the acquisition of that interest.

(9) Any dispute as to the amount of a farm loss payment shall be referred to
and determined by the Lands Tribunal.

© 2001 Crown Copyright

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