[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]

LAND ACQUISITION AND COMPENSATION (NORTHERN

40.(1) Where a person is displaced from residential accommodation on 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,

(2) Paragraph (1) shall not by virtue of sub-paragraph (a) thereof apply to a
person if the acquisition is in pursuance of the service by him of a blight
notice under section 3 of the Planning and Land Compensation Act (Northern
Ireland) 1971.

(3) Paragraph (1) shall not apply to any person to whom money has been
advanced

(a)under Article 42;

(b)under the Small Dwellings Acquisition Acts (Northern Ireland) 1899 to 1948,
section 14 of the Housing (Miscellaneous Provisions) and Rent Restriction Law
(Amendment) Act (Northern Ireland) 1956, or section 14 of the Housing
Executive Act (Northern Ireland) 1971;

[(c)under Article 9 of the Housing (Northern Ireland) Order 1981;]

(4) For the purposes of paragraph (1) a person shall not be treated as
displaced in consequence of any such acquisition [, improvement] or
redevelopment as is mentioned in sub-paragraph (a) or (c) of that paragraph
unless he was lawfully residing in the accommodation in question

(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;

[(4A) 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 from the residential accommodation in question in
consequence of the carrying out of the works specified in the undertaking or,
as the case may be, the carrying out of the improvement.]

(5) In this Article "housing order", "undertaking", ["improvement" and
"redevelopment"] have the meanings assigned to them by Article 30(9).

© 2001 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/laac405/longtitle.html