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LAND ACQUISITION AND COMPENSATION (NORTHERN

47.(1) Where a person is carrying on a trade or business on any land and, in
consequence of its compulsory acquisition of the whole of that land is
required to give up possession thereof to the acquiring authority, then if

(a)on the date on which he gives up possession as aforesaid he has attained
the age of sixty; and

(b)on that date the land is or forms part of a hereditament the annual value
of which does not exceed the prescribed amount; and

(c)that person has not disposed of the goodwill of the whole of the trade or
business and gives to the acquiring authority the undertakings mentioned in
paragraph (3),

(2) In paragraph (1) "the prescribed amount" means the amount which on the
date mentioned in that paragraph is the amount set out in section 2(1)(b) of
the Planning and Land Compensation Act (Northern Ireland) 1971 (interests
qualifying for protection under planning blight provisions) and "annual value"
and "hereditament" have the same meanings as in section 10 of that Act taking
references to the date of service of a blight notice under section 3 of that
Act as references to the date mentioned in paragraph (1).

(3) The undertakings to be given by the person claiming compensation are

(a)an undertaking that he will not dispose of the goodwill of the trade or
business, or, as the case may be, of the part thereof the goodwill of which he
has retained; and

(b)an undertaking that he will not, within such area and for such time as the
acquiring authority may require, directly or indirectly engage in or have any
interest in any other trade or business of the same or substantially the same
kind as that carried on by him on the land acquired.

(4) If an undertaking given by a person for the purposes of this Article is
broken an amount equal to the difference between the compensation paid and the
compensation that would have been payable if it had been assessed without
regard to the provisions of this Article shall be a debt recoverable summarily
by the acquiring authority from that person.

(5) This Article shall apply to a trade or business carried on by two or more
persons in partnership as if references to the person by whom it is carried on
were references to all the partners and as if the undertakings mentioned in
paragraph (3) were required to be given by all the partners.

(6) This Article shall apply to a trade or business carried on by a company

(a)as if paragraph (1)(a) required

(i)each shareholder, other than a minority shareholder, to be an individual
who has attained the age of sixty on the date there mentioned; and

(ii)each minority shareholder to be an individual who either has attained that
age on that date or is the spouse of a shareholder who has attained that age
on that date; and

(b)as if the undertaking mentioned in paragraph (3)(b) were required to be
given both by the company and by each shareholder.

(7) This Article shall apply in relation to any disturbance payment assessed
in accordance with Article 38(1)(b) as it applies in relation to the
compensation mentioned in paragraph (1), and shall so apply subject to the
necessary modifications and as if references to the giving up of possession of
land to the acquiring authority in consequence of its compulsory acquisition
were references to displacement as mentioned in Article 37.

(8) In paragraph (6) "shareholder" means a person who is beneficially entitled
to a share or shares in the company carrying voting rights and "minority
shareholder" means a person who is so entitled to less than 50 per cent. of
those shares.

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