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LAND ACQUISITION AND COMPENSATION (NORTHERN

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

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