LAND ACQUISITION AND COMPENSATION (NORTHERN

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LAND ACQUISITION AND COMPENSATION (NORTHERN



42.(1) Where a person displaced from a dwelling in consequence of any of the
matters mentioned in paragraph (1)(a), (b) or (c) of Article 40

(a)is an owner-occupier of the dwelling; and

(b)wishes to acquire or construct another dwelling in substitution for that
from which he is displaced,

(2) The power conferred by this Article shall be exercisable subject to such
conditions as may be approved by the Ministry of Development and the following
provisions shall apply with respect to any advance made in the exercise of
that power.

(3) The advance shall be made

(a)on terms providing for the repayment of the principal

(i)at the end of a fixed period, with or without a provision allowing the
Housing Executive to extend that period; or

(ii)upon notice given by the Housing Executive;

(a)subject, in either case, to a provision for earlier repayment on the
happening of a specified event;

(b)on such other terms as the Housing Executive may think fit having regard to
all the circumstances.

(4) An advance for the construction of a dwelling may be made by instalments
from time to time as the works of construction progress.

(5) The principal of the advance, together with interest thereon, shall be
secured by a mortgage of the borrower's interest in the dwelling, and the
amount of the principal shall not exceed the value which, in accordance with a
valuation duly made on behalf of the Housing Executive, it is estimated that
the borrower's interest will bear or, as the case may be, will bear when the
dwelling has been constructed.

(6) Before advancing money under this Article the Housing Executive shall
satisfy itself that the dwellling to be acquired is or will be made, or that
the dwelling to be constructed will on completion be, in all respects fit for
human habitation.

(7) The power conferred by this Article on the Housing Executive is without
prejudice to any power to advance money exercisable by the Housing Executive
under any other enactment.

(8) In this Article "owner-occupier", in relation to any accommodation, means
a person who occupies it on the date of displacement and either

(a)occupies it on that date in right of a freehold interest (whether legal or
equitable) or a tenancy granted or extended for a term of years of which not
less than three years remain unexpired; or

(b)if the displacement is in consequence of the matters mentioned in
sub-paragraph (c) of Article 40(1), occupied it in right of such an interest
or tenancy on the date on which the land was acquired or appropriated as
mentoned in that sub-paragraph.

(9) In this Article references to the construction of a dwelling include
references to the acquisition of a building and its conversion into a dwelling
and to the conversion into a dwelling of a building previously acquired.

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Northern Irish Legislation

LAND ACQUISITION AND COMPENSATION (NORTHERN