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The Access to the Countryside (Northern Ireland) Order 1983

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The Access to the Countryside (Northern Ireland) Order 1983, Section 28 is up to date with all changes known to be in force on or before 20 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Access agreementsN.I.

28.—(1) A district council may make an access agreement with any person having an interest in land by means of which the provisions of this Part shall apply to the land.

(2) An access agreement may provide for the making of payments by the district council of either or both of the following descriptions—

(a)in consideration of the making of the agreement;

(b)by way of defraying or contributing towards expenditure incurred in consequence of the agreement by the person making the agreement,

and payments under sub-paragraph (a) shall be made on the basis of an assessment of the capital value of the land arrived at in accordance with the provisions of Schedule 4.

(3) An access agreement may be made subject to such provisions for revocation or variation as may be specified in the agreement.

(4) Any person having the powers of a tenant for life may enter into an access agreement relating to the settled land or any part of it either for consideration or gratuitously.

(5) Where an access agreement is made with one or some, but not all, of the persons having interests in the land to which the agreement relates, the provisions of this Part shall not, as against any person entitled to an interest in the land who is not a party to the agreement, operate so as to prejudice his rights in relation to that interest, or impose any restriction on him or confer any right against him, and the district council shall, as soon as may be after the agreement is made, serve a copy of the agreement on every such person who is not a party to the agreement.

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