LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965

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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 43

Interpretation.

43.(1) In this Act

Definition rep. by 1972 NI 17 art.110(2) sch.7

"the Act of 1944" means the Planning (Interim Development) Act (Northern
Ireland) 1944;

"agriculture" includes horticulture, fruit growing, seed growing, dairy
farming and livestock breeding and keeping, the use of land as grazing land,
meadow land, market gardens and nursery grounds, and the use of land for
woodlands where that use is ancillary to the farming of land for other
agricultural purposes;

"caravan" has the same meaning as in the Caravans Act (Northern Ireland) 1963;

"caravan site" has the same meaning as in the Caravans Act (Northern Ireland)
1963;

"clearing", in relation to land, means the removal of buildings or materials
from the land or the levelling of the surface of the land;

"compensatable estate" means

"erection" in relation to buildings includes extension, alteration and
re-erection;

"estate" means

"land" means any corporeal hereditament, including a building, and accordingly
section 45(1) of the Interpretation Act (Northern Ireland) 1954 shall not
apply for the purposes of this Act;

"the Lands Tribunal" means the Lands Tribunal for Northern Ireland;

["local authority" means a district council;]

"minerals" includes all minerals and substances in or under land of a kind
ordinarily worked for removal by underground or surface working, except that
it does not include turf cut for purposes other than sale;

"the Ministry" means the Ministry of Development;

"mortgage" includes (without prejudice to subsection (8)) any charge or lien
on any property for securing money or money's worth;

"new development" means development which is not of a class specified in
Schedule 1;

["the Order of 1972" means the Planning (Northern Ireland) Order 1972;]

"Part II compensation" means any compensation payable under Part II;

"Part III compensation" means any compensation payable under section 26 or 29;

Definition rep. by 1972 NI 17 art.110(2) sch.7

"planning decision" means a decision given on an interim development
application [or an application under Part IV of the Order of 1972];

"possession" includes the receipt of rents and profits, or the right to
receive them;

"prescribed" means prescribed by regulations under this Act;

"public body" means one of the following, that is to say:

"settlement" has the same meaning as in the Settled Land Acts 1882 to 1890 and
accordingly section 2(2) of the Settled Land Act 1882 has effect for the
purposes of this Act as it has effect for the purposes of that Act;

"statutory provision" has the same meaning as in the Interpretation Act
(Northern Ireland) 1954;

"tenancy" includes a tenancy created by an agreement for a lease and a tenancy
created under any enactment but does not include

(a)a mortgage term; or

(b)a tenancy for a year (or any shorter term) or from year to year (or any
other periodic tenancy having reference to any period less than a year); or

(c)a tenancy at will;

"trustee" includes an implied or constructive trustee and a personal
representative;

"trustees of the settlement" means the trustees of a settlement for the
purposes of the Settled Land Acts 1882 to 1890;

"war damage" has the same meaning as in the War Damage Act 1943;

(2) Where under this Act any statutory provision (including any section or
other division of this Act) is applied for any of the purposes of this Act,
that statutory provision shall be construed so that its application for those
purposes is grammatical and effective.

(3) For the purposes of this Act

(a)where a compensatable estate in any land is mortgaged; and

(b)but for this subsection, any person entitled to an equity of redemption in
relation to that compensatable estate would not be entitled to a
compensatable estate in that land;

(4) For the purposes of this Act, where a compensatable estate in land is
vested in any beneficiaries under a settlement, the interests vested in the
beneficiaries shall be taken to constitute the compensatable estate which
would exist if those interests were vested in one person and constituted one
interest; and the beneficiaries shall, except for the purposes of section 22,
be taken to be entitled to that interest.

(5) Any reference in this Act to a contract is a reference to a contract in
writing, or a contract of which a memorandum or note thereof in writing has
been made and signed by the parties thereto or by some other person or persons
authorised by them in that behalf, and, in relation to a compensatable estate
in land conveyed or assigned without a preliminary contract, is a reference to
the conveyance or assignment; and any reference to the making of a contract is
a reference to the signing thereof or (if it was not in writing) to the
signing of the memorandum or note thereof.

(6) Where

(a)under any provision of this Act, a document or notice is required to be
served on a person entitled to an estate in any land; and

(b)it is not practicable, after reasonable inquiry, to ascertain the name or
address of any such person;

(7) Where under any provision of this Act the value of an estate in any land
is required to be assessed on the assumption that planning permission would be
granted for development other than new development that assumption shall be
made on the footing that any such development must comply with the provisions
of any statutory provision, other than the Planning Acts (Northern Ireland)
1931 and 1944, which would be applicable thereto.

(8) In the application of this Act to registered land in respect of which a
charge for the payment of a principal sum has been created under section 40 of
the Local Registration of Title (Ireland) Act 1891

(a)any reference to a mortgage shall be construed as a reference to the
charge;

(b)any reference to a mortgagee shall be construed as a reference to the
registered owner of the charge.

S.44 spent. S.45, with Schedule 5, effects repeals

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Northern Irish Legislation

LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 43