LAND ACQUISITION AND COMPENSATION (NORTHERN

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LAND ACQUISITION AND COMPENSATION (NORTHERN



49.(1) Where a vesting order has become operative the acquiring authority
shall, if a request in that behalf is made in accordance with paragraph (2),
make an advance payment on account of the compensation payable by them for the
compulsory acquisition of any interest in that land.

(2) Any request under this Article shall be made by the person entitled to the
compensation (in this Article referred to as "the claimant"), shall be in
writing, shall give particulars of the claimant's interest in the land and
shall be accompanied or supplemented by such other particulars as the
acquiring authority may reasonably require to enable them to estimate the
amount of the compensation in respect of which the advance payment is to be
made.

(3) Subject to paragraph (6), the amount of any advance payment under this
Article shall be equal to 90 per cent. of the following amount, that is to say

(a)if the acquiring authority and the claimant have agreed on the amount of
the compensation, the agreed amount;

(b)in any other case, an amount equal to the compensation as estimated by the
acquiring authority.

(4) Any advance payment under this Article shall be made not later than three
months after the date on which a request for the payment is made in accordance
with paragraph (2).

(5) Where an advance payment is made on the basis of an estimate under
paragraph (3)(b) and the amount of that payment exceeds the compensation as
finally determined or agreed, the excess shall be repaid; and if after an
advance payment has been made to any person it is discovered that he was not
entitled to it the amount of the payment shall be a debt recoverable summarily
by the acquiring authority from the claimant.

(6) No advance payment shall be made on account of compensation payable in
respect of any land which is subject to a mortgage the principal of which
exceeds 90 per cent. of the amount mentioned in paragraph (3); and where the
land is subject to a mortgage the principal of which does not exceed 90 per
cent. of that amount, the advance payment shall be reduced by such sum as the
acquiring authority consider will be required by them for securing the release
of the interest of the mortgagee.

(7) Any advance payment on account of compensation in respect of an interest
which is settled land for the purposes of the Settled Land Acts 1882 to 1890
shall be made to the persons entitled to give a discharge for capital money
and shall be treated as capital money arising under those Acts.

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Northern Irish Legislation

LAND ACQUISITION AND COMPENSATION (NORTHERN