Land Acquisition and Compensation (Northern Ireland) Order 1973

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

   3. Art. 3 rep. by SLR 1976

3. PART II COMPENSATION FOR DEPRECIATION CAUSED BY USE OF PUBLIC WORKS

   1. 4. Right to compensation

   2. 5. Interests qualifying for compensation

   3. 6. Claims

   4. 7. Assessment of compensation: general provisions

   5. 8. Assessment of compensation: assumptions as to planning permission

   6. 9. Reduction of compensation where other land is benefited

   7. 10. Exclusion of minimal compensation

   8. 11. Other restrictions on compensation

   9. 12. Alterations to public works and changes of use

   10. 13. Mortgages, trusts for sale and settlements

   11. 14. Interests acquired by inheritance

   12. 15. Tenants entitled to enlargement or extension under the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971

   13. Art. 16 spent

   14. 17. Information for ascertaining relevant date

   15. 18. Disputes

   16. 19. Action for nuisance following unsuccessful claim where responsible authority have disclaimed statutory immunity

   17. 20. Interest on compensation

   18. 21. Interpretation of Part II

4. PART III MITIGATION OF INJURIOUS EFFECT OF PUBLIC WORKS

   1. Insulation against noise

      1. 22. Sound-proofing of buildings affected by public works

      2. Art. 23 rep. by 1994 NI 1

      3. Arts. 24‐26 rep. by 1993 NI 15

   2. Powers of authorities responsible for other public works

      1. 27. Acquisition of land in connection with public works

      2. 28. Execution of works etc., in connection with public works

   3. Expenses of persons moving temporarily during construction works etc.

      1. 29. Power to pay expenses of persons moving temporarily during construction works etc.

5. PART IV PROVISIONS FOR BENEFIT OF PERSONS DISPLACED FROM LAND

   1. Home loss payments

      1. 30. Right to home loss payment where person displaced from dwelling

      2. 30A. Spouses and civil partners having statutory rights of occupation

      3. 31. Amount of home loss payment

      4. 32. Supplementary provisions about home loss payments

      5. 33. Home loss payments for certain caravan dwellers

   2. Other loss payments

      1. 33A. Basic loss payment

      2. 33B. Occupier's loss payment: agricultural land

      3. 33C. Occupier's loss payment: other land

      4. 33D. Claims

      5. 33E. Insolvency of claimant

      6. 33F. Death of claimant

      7. 33G. Payment

      8. 33H. Acquisition by agreement or following service of purchase notice or blight notice

      9. 33I. Regulations

   3. Farm loss payments

      1. 34. Right to farm loss payment where person displaced from agricultural unit

      2. 35. Amount of farm loss payment

      3. 36. Supplementary provisions about farm loss payments

   4. Disturbance payments

      1. 37. Disturbance payments for persons without compensatable interests

      2. 38. Amount of disturbance payment

   5. Other payments

      1. [39. Payments for certain Housing Executive tenants

   6. Rehousing

      1. 40. Duty to rehouse residential occupiers

      2. 41. Duty to rehouse certain caravan dwellers

      3. 42. Power of Housing Executive to make advances repayable on maturity to displaced residential owner-occupiers

      4. 43. Duty of displacing authority to indemnify Housing Executive for net losses

      5. 44. Power of relevant authority to defray expenses in connection with acquisition of new dwellings

6. PART V COMPULSORY ACQUISITION

   1. Assessment of compensation

      1. Arts. 45,46 rep. by 1982 NI 9

      2. 47. Compensation for disturbance where business carried on by person over sixty

      3. 48. Compensation where occupier is rehoused

      4. Art. 49 rep. by 1982 NI 9

   2. Severance of land

      1. 50. Vesting order in respect of part of agricultural land

      2. 51. Effect of notice under Article 50

      3. 52. Acquisition of part of tenanted agricultural holding

      4. 53. Effect of notice under Article 52

      5. 54. Determination of material detriment where part of house etc., is compulsorily acquired

      6. Art. 55 rep. by 1982 NI 9

7. Part VI (arts. 56-64) rep. by 1981 NI 16

8. PART VII ACQUISITION OF LAND BY MINISTRY OF FINANCE

   1. 65. Compulsory acquisition of land required for the public service

   2. 66. Power to enter on lands

9. PART VIII MISCELLANEOUS PROVISIONS

   1. Art. 67(1) rep. by 1982 NI 20; paras.(2)‐(4) rep. by...

   2. Art. 68 rep. by 1982 NI 9

   3. 69. Receipts for payments made under this Order

   4. 70. Application to Crown

   5. Art. 71 rep. by SLR 1976

   6. Art. 72(1) rep. by 1981 NI 16; para.(2), with Schedule...

10. 1. SCHEDULE 1

       MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 65

       1. 1. References to the Ministry or to the council shall be...

       2. 2. References to the said Schedule 6 shall be construed as...

       3. 3. Paragraph 1 shall be omitted.

       4. 4. In paragraph 2— (a) for the words from the beginning...

       5. 5. In paragraph 3(1)(ii) for the word “refuse” there shall be...

       6. 6. In paragraph 4 the words from “and may provide” to...

       7. 7. In paragraph 5— (a) in sub-paragraph (1)( a) the words...

       8. 8. In paragraph 6(2) for the words “fund out of which...

       9. 9. In paragraph 8 the words “, other than the consent...

       10. 10. In paragraph 11(3) for the words from “the council shall...

       11. 11. In paragraph 12— (a) in sub-paragraph (1) the word “such”...

       12. 12. In paragraph 14(1) the words “in the prescribed form” shall...

       13. 13. In paragraph 15(1) for the words “in the prescribed form”...

       14. 14. In paragraph 18(2) the words “of Finance” shall be omitted....

       15. 15. Paragraph 19 shall be omitted.

       16. 16. In paragraph 20, sub-paragraph (2) shall be omitted.