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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 22

Payment of compensation.

22.(1) Where any compensation (in this Act referred to as "Part II
compensation") is payable under this Part in respect of a compensatable estate
in land (other than a compensatable estate which at the date of the
relevant decision is the subject of a settlement), the Ministry shall pay that
compensation to the person who was entitled to that estate at the date of the
relevant decision, except that if that person does not make a claim for the
compensation, the Ministry may pay the compensation to any person or persons
(being persons entitled to equitable interests) who as against the person in
whom the compensatable estate is vested are entitled absolutely to that
estate.

(2) Where any Part II compensation is payable in respect of a
compensatable estate in land (being a compensatable estate which at the date
of the relevant decision is the subject of a settlement), the Ministry shall
pay that compensation to the trustees of the settlement, except that where the
trustees do not make a claim for the compensation, the Ministry may

(a)where the compensatable estate in question is vested in trustees, pay the
compensation to the persons, if any, who as against the trustees are entitled
absolutely to that estate;

(b)where the compensatable estate is not vested in trustees, pay the
compensation to the persons, if any, who as against the
trustees of the settlement are entitled absolutely to the capital moneys of
the settlement.

(3) Where under subsection (1) or (2) the Ministry is required to pay any
Part II compensation to any trustees, the Ministry may, if there is only one
trustee or the others cannot be found (or being corporations have been
dissolved), pay the compensation to one trustee of a trust or settlement,
notwithstanding anything in any enactment or any instrument.

(4) Where the amount of any Part II compensation which is payable in respect
of a compensatable estate does not exceed fifty pounds, the Ministry may,
without prejudice to subsections (1) and (2), pay the compensation to any
person who at the date of the relevant decision was entitled to the rents and
profits of the compensatable estate in respect of which the compensation was
payable or, where he is under a disability, to his guardian or committee.

(5) Where the Ministry is unable to determine to whom any Part II compensation
is payable under this section, the Ministry may

(a)where the amount of the compensation does not exceed [#6,000], pay the
money into the county court, and that court may exercise all the jurisdiction
exercisable by the High Court under the Lands Clauses Acts in relation to the
compensation;

(b)where the amount of the compensation exceeds [#6,000], pay the money into
the High Court, and that Court may deal with the compensation under the Lands
Clauses Acts as if the compensation were purchase money under those Acts
coming to persons having limited interests.

(6) Where the Ministry pays any Part II compensation to any person under this
section or into court under subsection (5), the liability of the Ministry to
pay the compensation shall, to the extent of the payment, be discharged.

(7) Subsections (1) to (6) shall have effect subject to section 32.

(8) In this section "relevant decision" has the same meaning as in section 18.

© 1965 Crown Copyright

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