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The Access to the Countryside (Northern Ireland) Order 1983

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Supplementary provisions as to compensationN.I.

49.—(1) Any dispute arising on a claim for compensation under Article 17 (compensation relating to public paths) or 35 (compensation relating to access orders) shall be determined by the Lands Tribunal.

(2) For the purposes of paragraph (1), Article 5 of the Land Compensation (Northern Ireland) Order 1982F1 shall have effect as if for references to the acquiring authority there were substituted references to the district council from whom the compensation in question is claimed or, if the compensation in question is claimed from the Department, to the Department.

(3) Rules 2 to 4 of the rules contained in Article 6(1) of that Order (rules for assessing compensation) shall apply to the calculation of compensation under Article 17 or 35 in so far as it is calculated by reference to the depreciation of the value of an interest in land.

(4) Where an interest in land is subject to a mortgage—

(a)any compensation payable under Article 17 or 35 in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the mortgage;

(b)a claim for the payment of any such compensation may be made by any mortgagee of the interest under a mortgage made before the happening of the event giving rise to the compensation;

(c)A mortgagee is not entitled to claim any such compensation in respect of his interest as such; and

(d)any such compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

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