[Home] [Databases] [World Law] [Search] [Feedback] | ||
Northern Irish Legislation |
||
You are here: BAILII >> Databases >> Northern Irish Legislation >> LAND ACQUISITION AND COMPENSATION (NORTHERN |
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]
37.(1) Where a person is displaced from any land in consequence of (a)the acquisition of the land by an authority possessing compulsory acquisition powers; (b)the making or acceptance of a housing order or undertaking in respect of a house on the land; (c)where the land has been previously acquired or appropriated by an authority possessing compulsory acquisition powers and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of [any improvement to a house or building on the land or of] redevelopment on the land; [(d)the carrying out of any improvement to a house or building on the land or of redevelopment on the land by a housing association which has previously acquired the land and 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 disturbance payment (a)in any case, unless he is in lawful possession of the land from which he is displaced; (b)in a case within paragraph (1)(a), unless either (i)he has no interest in the land for the acquisition or extinguishment of which he is (or if the acquisition or extinguishment were compulsory would be) entitled to compensation under any other statutory provision; or (ii)he has such an interest in the land as aforesaid but the compensation is subject to a site value provision and he is not (or if the acquisition were compulsory would not be) entitled in respect of that acquisition to an owner-occupier's supplement; (c)in a case within paragraph (1)(b), if he is entitled to an owner-occupier's supplement by reference to the housing order or undertaking; (3) For the purposes of paragraph (1) a person shall not be treated as displaced in consequence of any such acquisition [redevelopment or improvement as is mentioned in sub-paragraph (a), (c) or (d)] of that paragraph unless he was in lawful possession of the land (a)in the case of land acquired compulsorily, at the time when the notice of application for, or the notice of intention to make, the vesting order was first published; (b)in the case of land acquired under an Act or Measure specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for that Act or of the proposed Measure specifying the land were first published; (c)in the case of land acquired by agreement, at the time when the agreement was made; [(3A) For the purposes of paragraph (1) a person shall not be treated as displaced in consequence of the acceptance of an undertaking or of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of the works specified in the undertaking or, as the case may be, of the improvement in question.] (4) Where a person is displaced from land in circumstances such that, apart from this paragraph, he would be entitled to a disturbance payment from any authority and also to compensation from that authority under section 19 of the Business Tenancies Act (Northern Ireland) 1964 (compensation from landlord where order for new tenancy of business premises precluded on certain grounds) he shall be entitled, at his option, to one or the other but not to both. (5) Where a person is displaced from land in circumstances such that, apart from this paragraph, he received or would be entitled to receive a disturbance payment from any authority and also a payment from that authority under [Chapter II of Part V of the Housing (Northern Ireland) Order 1981], section 37 or 38 of the New Towns Act (Northern Ireland) 1965 or Article 60 or 61 of the Planning (Northern Ireland) Order 1972 (a)in a case where he receives on or before the date of the coming into operation of this Part payment under any of those sections or Articles, he shall not be entitled to a disturbance payment; (b)in a case where he has not received on or before that date payment under any of those sections or Articles, he shall be entitled to a disturbance payment but not to any payment under those sections or Articles. (6) Where (a)a person is displaced from any land as mentioned in paragraph (1); or (b)being a person to whom paragraph (3) applies, gives up occupation of a dwelling by arrangement with the Housing Executive or, as the case may be, the acquiring authority; [(6A) 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.] (7) A disturbance 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 of displacement or, as the case may be, the giving up of occupation until payment. Para.(8) rep. by 1977 NI 8 art.14(2) sch. (9) In this Article "housing order", "undertaking", ["improvement"] and "redevelopment" have the meanings assigned to them by Article 30(9). (10) This Article applies if the displacement or giving up of occupation is on or after 17th Ocober 1972.
© 2001 Crown Copyright
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback
URL: http://www.bailii.org/nie/legis/num_act/laac405/longtitle.html