Land Acquisition and Compensation (Northern Ireland) Order 1973

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Land Acquisition and Compensation (Northern Ireland) Order 1973.

• Para.(2)—Commencement

• Para. (3) rep. by 1982 NI 9

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Parliament of Northern Ireland.

(2) In this Order—

• “agriculture”, “agricultural” and “agricultural land”, except in Part VI and Schedule 2, have the same meanings as in section 43 of the Agriculture Act (Northern Ireland) 1949 [1949 c.2] and references to the farming of land include references to the carrying on in relation to the land of any agricultural activities;

• “agricultural unit” has the same meaning as in section 10(1) of the Planning and Land Compensation Act (Northern Ireland) 1971 [1971 c.23] as amended by Schedule 2;

• “acquiring authority”, in relation to an interest in land, means the person by whom the interest is, or is proposed to be, acquired;

• “authority possessing compulsory acquisition powers” means a person with power to acquire an interest in land otherwise than by agreement;

• “aerodrome”[F1 means an airport, as defined in Article 2(2) of the Airports (Northern Ireland) Order 1994]

• “carriageway” means a way constituting or comprised in a road, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;

• “cycle track” means a way constituting or comprised in a road, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles with or without a right of way on foot;

• “disturbance payment” has the meaning assigned to it by Article 37(1);

• “dwelling” means a building or part of a building occupied or (if not occupied) last occupied or intended to be occupied as a private dwelling and (except in Article 30) includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that building or part;

• F2 ...

• “home loss payment” has the meaning assigned to it by Article 30(1);

• [F3 “housing association” has the meaning assigned to it by Article 114 of the Housing (Northern Ireland) Order 1981 [1981 NI 3] ;]

• “Housing Executive” means the Northern Ireland Housing Executive;

• “mortgage” includes a charge or lien for securing money or money's worth;

• “person in need” has the same meaning as in the Health and Personal Social Services (Northern Ireland) Order 1972 [1972 NI 14] ;

• [F3 “registered”, in relation to a housing association, means registered in the register of housing associations established under Article 124 of the Housing (Northern Ireland) Order 1981;]

• [F4 “road” has the same meaning as in the Roads (Northern Ireland) Order 1993;

• “road authority” means the Department of the Environment;]

• “statutory provision” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;

• “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;

• “transferred provision” has the meaning assigned to it by section 1( g) of the Interpretation Act (Northern Ireland) 1954.

• Para. (3) rep. by 1993 NI 15

F1 1994 NI 1

F2 Words in art. 2(2) repealed (13.5.2016) by Land Acquisition and Compensation (Amendment) Act (NorthernIreland) 2016 (c. 28), ss. 6(a), 7(2) (with s. 7(3))

F3 1981 NI 3

F4 1993 NI 15

Art. 3 rep. by SLR 1976