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Interpretation (Part I). 10.(1) In this Part "Act" includes an Act of the Parliament of the United Kingdom; ["the affected area", in relation to an agricultural unit, means so much of that unit as, on the date of service of a blight notice, consists of land falling within any of the specified descriptions; "agriculture" includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing lands, 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; and "agricultural" shall be construed accordingly; "agricultural unit" means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purposes of farming the land;] "annual value" in relation to a hereditament, means the value which on the date of service of a blight notice, is shown in the valuation list as the net annual value of the hereditament ...; "appropriate authority", in relation to any land, means the government department, [district council] or other body by which, by virtue of the circumstances described in section 1, the land is liable to be acquired as mentioned in that section or is indicated as being proposed to be so acquired; "blight notice" means a notice served under section 3 [or Article 60 of the Land Acquisition and Compensation (Northern Ireland) Order 1973]; "the claimant" in relation to a blight notice means the person who served that notice and any reference to the interest of the claimant, in relation to such a notice is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in section 3; "hereditament" (subject to subsections (2) and (3)) means the aggregate of the land which forms the subject of a single entry in the valuation list for the time being in force, ...; Definitions rep. by 1972 NI 17 art.110(2) sch.7; SRO (NI) 1973/285 "mortgagee" includes a person entitled to a charge or lien for securing money or money's worth; "prescribed" means prescribed by regulations made by the Ministry; "relevant statutory provision" in relation to land falling within any of the specified descriptions, means the statutory provision which provides for the compulsory acquisition of land as being land falling within that description; "specified descriptions" means the descriptions specified in section 1(1)(a) to [(n)]; "tenancy" includes a tenancy created or renewed in pursuance of any enactment, but does not include (a)a mortgage term; (b)any estate arising in favour of a mortgagor solely by reason of his attorning tenant to his mortgagee. (2) Where land is on the boundary between two or more [district council], and accordingly (a)different parts of that land form the subject of single entries in the valuation lists for those [districts], but (b)if the whole of that land had been in one of those [districts], it would have formed the subject of a single entry in the valuation list for that [district], (3) Land which forms the subject of an entry in the valuation list by reason only that it is land over which any shooting, fishing and other sporting rights are exercisable, or that it is land over which a right of exhibiting advertisements is let out or reserved, shall not be taken to be a hereditament within the meaning of this Part. (4) If any question arises as to which authority is the appropriate authority for the purposes of this Part, the question shall be determined by the Ministry, whose decision shall be final. (5) If any such question as is referred to in subsection (4) arises (a)section 2(2)(b) and (3)(b) shall apply with the substitution for the reference to a period of one year of a reference to that period extended by so long as it takes to have the question determined; (b)section 4(3)(b) shall apply with the substitution for the reference to a period of six months of a reference to that period extended by so long as it takes to have the question determined; (c)section 5(1) shall apply with the substitution for the reference to the date of service of a blight notice of a reference to the date on which that question is determined, if that is after the date of service. 1973 NI 21
© 1971 Crown Copyright
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