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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 36 is up to date with all changes known to be in force on or before 24 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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Commencement Orders yet to be applied to the The Access to the Countryside (Northern Ireland) Order 1983

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Compensation to be assessed with regard to effect of first five years of accessN.I.

36.—(1) For the purpose of enabling compensation under Article 35 to be assessed in the light of experience gained of the actual effect on the land of the coming into operation of access orders, no such compensation shall be claimed or payable before the expiration of a period of five years from the coming into operation of the access order giving rise to the compensation ( “the five-year period” and “the relevant order”).

(2) Nothing in paragraph (1) shall be construed as requiring such compensation to be assessed as at a date later than the date of the coming into operation of the relevant order; but in calculating the compensation it shall be assumed that, on a sale at that date of the interest in respect of which the compensation is claimed, the purchaser would have had knowledge—

(a)of the actual effect during the five-year period on the land in which the interest subsists and the use of that land, of the coming into operation of the relevant order;

(b)of the fact and date of any revocation or variation during that period of the relevant order;

(c)of the fact and date of any changes during that period, as respects land comprised in the relevant order, from or to excepted land.

(3) If during the five-year period the relevant order is revoked or varied so as to exclude any land not being excepted land, paragraphs (1) and (2) shall thereupon have effect, so far as concerns any claim for compensation in respect of the operation of the relevant order on the excluded land as if for any reference to the five-year period there were substituted a reference to the period beginning with the coming into operation of the relevant order and ending with the revocation or variation excluding that land.

(4) Where at different times within a period of five years two or more areas of land which are contiguous or adjacent to one another become comprised in access orders, and any person has an interest in each of those areas, then, with the consent of every person having an interest in each of the areas other than the one first so comprised, paragraphs (1) to (3) shall apply in relation to each of the last-mentioned areas with the substitution for any reference to the period of five years from the coming into operation of the order by virtue of which that land became so comprised as aforesaid of a reference to a period of five years from the coming into operation of the order by virtue of which the first of the areas became so comprised.

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