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PLANNING AND LAND COMPENSATION ACT (NORTHERN IRELAND) 1971 - SECT 7

Effect of valid blight notice.

7.(1) Where a blight notice has been served and either

(a)no counter-notice has been served; or

(b)where such a counter-notice has been served, the objection is withdrawn, or
on a reference to the Lands Tribunal, is not upheld by the Tribunal,

(2) The amount to be paid for an interest by an appropriate authority under a
contract deemed to have effect under subsection (1) shall be the amount which
the authority would have paid for the interest if it had compulsorily acquired
the interest on the date of acceptance under the relevant statutory provision.

(3) Any dispute as to the amount to be paid under subsection (2) for an
interest shall be determined by the Lands Tribunal.

(4) The date for the completion of the purchase of an interest in pursuance of
a contract deemed to have effect under subsection (1) shall, unless
the claimant and the appropriate authority otherwise agree, be three months
from the date on which they agree upon the amount to be paid for that interest
or, in default of agreement on that amount, from the date on which
the Lands Tribunal determines that amount.

(5) If on the date for the completion of a contract deemed to have effect
under subsection (1), the appropriate authority fails to pay to the claimant
the amount payable to him under this section, the authority shall, unless that
failure arises from a cause other than the appropriate authority's act or
default, pay to him, from that date until the date on which it pays that
amount, interest on that amount at such rate as may for the time being be
determined by the Ministry of Finance under paragraph 23 of Schedule 2 to the
Local Government Act (Northern Ireland) 1934.

(6) Where a counter-notice has been served objecting to a blight notice on the
grounds mentioned in section 5(2)(c), then if either

(a)the claimant, without referring that objection to the Lands Tribunal, and
before the time for so referring it has expired, gives notice to the
appropriate authority that he accepts the proposal of the authority to acquire
the part of the hereditament [or affected area] specified in the
counter-notice, and withdraws his claim as to the remainder of that
hereditament [or area], or

(b)on a reference to the Lands Tribunal, the Tribunal makes a declaration in
accordance with section 6(6),

(7) For the purposes of determining the amount to be paid for an interest
under a contract deemed to have effect under subsection (1), for any reference
in Part II to the date of acquisition substitute a reference to
the date of acceptance.

(8) In this section

"the date of acceptance"

(a)in a case where the Lands Tribunal, on a reference to it, does not uphold
an objection, is the date of the Tribunal's determination;

(b)in any other case, is the date on which the period of two months beginning
with the date of service of a blight notice comes to an end.

© 1971 Crown Copyright

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