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Land Acquisition and Compensation (Northern Ireland) Order 1973

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InterpretationN.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

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