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LAND ACQUISITION AND COMPENSATION (NORTHERN

36.(1) Subject to paragraph (7), no farm loss payment shall be made except on
a claim in that behalf made by the person entitled thereto before the
expiration of the period of one year beginning with the date on which the
requirement in Article 34(1)(b) is complied with, and any such claim shall be
in writing and shall be accompanied or supplemented by such particulars as the
acquiring authority may reasonably require to enable them to determine whether
that person is entitled to a payment and, if so, its amount.

(2) Where the agricultural unit containing the land acquired is occupied for
the purposes of a partnership firm Articles 34 and 35 shall have effect in
relation to the firm and not the partners individually (any interest of a
partner in the land acquired being treated as an interest of the firm) except
that the requirements in Article 34 as to the new unit shall be treated as
complied with in relation to the firm as soon as they are complied with by any
one of the persons who were members of the firm.

(3) Where a person dies before the expiration of the period for making a claim
to a farm loss payment and would have been entitled to such a payment if he
had made a claim within that period, a claim to that payment may be made,
before the expiration of that period, by his personal representative.

(4) Where an interest in land is acquired by agreement by an authority
possessing compulsory acquisition powers, the authority may, in connection
with the acquisition, make to the person from whom the interest is acquired a
payment corresponding to any farm loss payment which they would be required to
make to him if the acquisition were compulsory and the authority (if not
authorised to acquire the interest compulsorily) had been so authorised on the
date of the agreement.

(5) Where a farm loss payment is made to any person the authority making the
payment shall also pay any reasonable valuation or legal expenses incurred by
that person for the purposes of the preparation and prosecution of his claim
to the payment; but this paragraph is without prejudice to the powers of the
Lands Tribunal in respect of the costs of proceedings before the Tribunal by
virtue of Article 35(8).

(6) A farm loss payment shall carry interest, at such rate as may for the time
being be determined by the Ministry of Finance by order under paragraph 18 of
Schedule 6 to the Local Government Act (Northern Ireland) 1972 from the date
mentioned in paragraph (1) until payment.

(7) Where the date mentioned in paragraph (1) is before the coming into
operation of this Part the period within which a claim to a farm loss payment
can be made shall be the period of one year beginning with the date of the
coming into operation of this Part.

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