LAND ACQUISITION AND COMPENSATION (NORTHERN

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LAND ACQUISITION AND COMPENSATION (NORTHERN



38.(1) The amount of a disturbance payment shall be an amount equal to

(a)the reasonable expenses of the person entitled to the payment in removing
from the land from which he is displaced; and

(b)if he was carrying on a trade or business on that land, the loss he will
sustain by reason of the disturbance of that trade or business consequent upon
his having to quit the land;

(2) Subject to Article 47(7), in estimating the loss of any person for the
purposes of paragraph (1)(b), regard shall be had to the period for which land
occupied by him may reasonably have been expected to be available for the
purposes of his trade or business and to the availability of other land
suitable for that purpose.

(3) Where the displacement is from a dwelling in respect of which structural
modifications have been made for meeting the special needs of a person in need
(whether or not the person entitled to the disturbance payment) then, if

(a)the Ministry of Health and Social Services has under Article 15 of the
Health and Personal Social Services (Northern Ireland) Order 1972 provided
assistance, or

(b)that Ministry would, if an application had been made, have provided
assistance,

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

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Northern Irish Legislation

LAND ACQUISITION AND COMPENSATION (NORTHERN