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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 23

Determination of claims.

23.(1) Provision shall be made by regulations under this section

(a)for requiring claims for compensation under this Part to be determined by
the Ministry in such manner as may be prescribed;

(b)for regulating the practice and procedure to be followed in connection with
the determination of such claims;

(c)for requiring the Ministry, on determining any such claim to give notice of
its findings to the claimant, and to every other person, if any, who has made
a claim for compensation under this Part in respect of the same
planning decision, and, if the Ministry's findings include an apportionment,
to give particulars of the apportionment to any other person entitled to an
estate in land appearing to the Ministry to be an estate substantially
affected by the apportionment.

(2) Subject to subsection (3), provision shall be made by regulations under
this section

(a)for enabling the claimant or any other person to whom notice of
the Ministry's findings has been given in accordance with subsection (1), if
he wishes to dispute the findings, and any other person to whom particulars of
an apportionment included in those findings have been so given, or who
establishes that he is entitled to an estate in land which is substantially
affected by such an apportionment, if he wishes to dispute the apportionment,
to require the findings or, as the case may be, the apportionment to be
referred to the Lands Tribunal;

(b)for enabling the claimant and every other person to whom notice of any
findings or apportionment has been given as mentioned in paragraph (a) to be
heard by the Lands Tribunal on any reference under this section of those
findings or of that apportionment, as the case may be; and

(c)for requiring the Lands Tribunal, on any such reference, either to confirm
or to vary the Ministry's findings or the apportionment, as the case may be,
and to notify the parties of the decision of the Lands Tribunal.

(3) Where on a reference to the Lands Tribunal under this section it is shown
that an apportionment

(a)relates wholly or partly to the same matters as a previous apportionment;
and

(b)is consistent with that previous apportionment in so far as it relates to
those matters;

(4) Any reference in this section to any findings of the Ministry includes a
reference to any decision of the Ministry as to the person to whom any
compensation under this Part is payable.

© 1965 Crown Copyright

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