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The Agriculture (Northern Ireland) Order 1993

Status:

This is the original version (as it was originally made).

Restrictions on change of location

13.—(1) For the purposes of this paragraph, a provision is a qualifying provision if—

(a)it is contained in a qualifying agreement;

(b)it imposes an absolute or qualified prohibition on the movement outside a specified area of property to which the agreement relates; and

(c)the prohibition which it imposes is imposed for purposes other than public purposes.

(2) For the purposes of sub-paragraph (1), an agreement is a qualifying agreement if—

(a)it is an agreement under which moveable property is leased to the Board or to a subsidiary of the Board; and

(b)an approved scheme makes provision for the transfer of rights and liabilities of the lessee under the agreement.

(3) Where an approved scheme—

(a)identifies a qualifying provision as one to which this paragraph applies;

(b)specifies a relevant modification in relation to that provision;

(c)specifies a commencement date in relation to the modification; and

(d)specifies one of the relevant bodies as the body against which any claim under paragraph 14, in relation to that provision, is to be made,

then, subject to any provision of regulations under sub-paragraph (4)(c), that provision shall have effect subject to the specified modification on and after the commencement date specified in relation to it.

(4) The Department may make regulations—

(a)with respect to the giving of notice of a provision of an approved scheme which does any of the things mentioned in paragraphs (a) to (c) of sub-paragraph (3);

(b)with respect to the giving by the Department of a certificate of compliance in relation to the giving of notice under paragraph (a); and

(c)excluding sub-paragraph (3) where no certificate of compliance under paragraph (b) has been given before such date as may be specified in the regulations.

(5) Where by virtue of sub-paragraph (3) a qualifying provision is modified in its application to any property, the fact that, at any time in the week beginning with the date on which the modification first has effect, that property is outside the permitted area shall not be treated as constituting a breach of the provision if the property—

(a)is in the area which was the permitted area before the modification had effect; or

(b)is in transit from that area to the permitted area.

(6) In sub-paragraph (3)(b), “relevant modification”, in relation to a qualifying provision, means a change, in relation to any of the property to which the provision applies, in the area by reference to which the qualifying provision has effect.

(7) In sub-paragraph (3)(d), the reference to the relevant bodies is to—

(a)the Board; and

(b)the body or bodies to which property, rights or liabilities of the Board are, under the scheme, to be transferred under Article 14.

(8) For the purposes of this paragraph, any provision which has the effect of penalising the movement of property outside a specified area shall be treated as prohibiting it.

14.  Paragraph 12 shall apply in relation to a person who suffers a diminution in the value of any property or interest in consequence of the operation of paragraph 13 as it applies in relation to a person who suffers a diminution in the value of any property or interest in consequence of the operation of paragraph 11.

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