Search Legislation

Land Development Values (Compensation) Act (Northern Ireland) 1965

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

More Resources

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are currently no known outstanding effects for the Land Development Values (Compensation) Act (Northern Ireland) 1965, Section 43. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

43Interpretation.N.I.

(1)In this Act—

  • Definition rep. by 1972 NI 17

  • “the Act of 1944” means the Planning (Interim Development) Act (Northern Ireland) 1944 [1944 c.3] ;

  • “agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;

  • Definitions rep. by 2001 c. 2 (NI)

  • “clearing”, in relation to land, means the removal of buildings or materials from the land or the levelling of the surface of the land;

  • “compensatable estate” means—

    • a legal fee simple absolute; or

    • a tenancy;

    but does not include a legal fee simple absolute to which a person is entitled as a mortgagee, and section 45(2) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall not apply for the purposes of this Act;

  • “erection” in relation to buildings includes extension, alteration and re-erection;

  • “estate” means—

    • a legal or equitable life estate;

    • a legal or equitable fee tail;

    • a legal or equitable fee simple absolute;

    • a tenancy; or

    • an equity of redemption in relation to a mortgage of any of the above estates;

    but does not include a legal or equitable life estate, fee tail or fee simple absolute to which a person is entitled as a mortgagee;

  • “land” means any corporeal hereditament, including a building, and accordingly section 45(1) of the Interpretation Act (Northern Ireland) 1954 shall not apply for the purposes of this Act;

  • “the Lands Tribunal” means the Lands Tribunal for Northern Ireland;

  • [F1 “local authority” means a district council;]

  • “minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include turf cut for purposes other than sale;

  • “the Ministry” means the Ministry of DevelopmentF2;

  • “mortgage” includes (without prejudice to subsection (8)) any charge or lien on any property for securing money or money's worth;

  • “new development” means development which is not of a class specified in Schedule 1;

  • [F3 “the Order of 1972” means the Planning (Northern Ireland) Order 1972 [1972 NI 17] ;]

  • “Part II compensation” means any compensation payable under Part II;

  • “Part III compensation” means any compensation payable under section 26F4. . . ;

  • Definition rep. by 1972 NI 17

  • “planning decision” means a decision given on an interim development application [F3 or an application under [F5Part 3 of the Planning Act]];

  • [F6the Planning Act ” means the Planning Act (Northern Ireland) 2011; ]

  • [F7“the Planning Order” means the Planning (Northern Ireland) Order 1991;]

  • “possession” includes the receipt of rents and profits, or the right to receive them;

  • “prescribed” means prescribed by regulations under this Act;

  • “public body” means one of the following, that is to say:—

    • an authority all the members of which are appointed or elected by one or more local authorities;

    • a department of the Government of Northern Ireland;

    • an industrial training board established under section 1 of the Industrial Training Act (Northern Ireland) 1964 [1964 c.18] ;

    • a local authority;

    • F8[F9 a new town commission established under the New Towns Act (Northern Ireland) 1965 [1965 c.13] ;]

    • [F10the Northern Ireland Fire and Rescue Service Board];

    • the Northern Ireland General Health Services BoardF11;

    • the Northern Ireland Hospitals AuthorityF11;

    • [F9 the Northern Ireland Housing Executive;]

    • the Northern Ireland Housing TrustF12;

    • the Northern Ireland Training Executive;

    • the Northern Ireland Youth Employment Service BoardF13;

    • [F9 the Police Authority for Northern Ireland;]

    • the Trustees of the Ulster Folk MuseumF14;

    • the Trustees of the Ulster Museum;

  • “settlement” has the same meaning as in the Settled Land Acts 1882 to 1890 and accordingly section 2(2) of the Settled Land Act 1882 [1882 c.38] has effect for the purposes of this Act as it has effect for the purposes of that Act;

  • “statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;

  • “tenancy” includes a tenancy created by an agreement for a lease and a tenancy created under any enactment but does not include—

    (a)

    a mortgage term; or

    (b)

    a tenancy for a year (or any shorter term) or from year to year (or any other periodic tenancy having reference to any period less than a year); or

    (c)

    a tenancy at will;

  • “trustee” includes an implied or constructive trustee and a personal representative;

  • “trustees of the settlement” means the trustees of a settlement for the purposes of the Settled Land Acts 1882 to 1890;

  • “war damage” has the same meaning as in the War Damage Act 1943 [1943 c.21] ;

F15.

(2)Where under this Act any statutory provision (including any section or other division of this Act) is applied for any of the purposes of this Act, that statutory provision shall be construed so that its application for those purposes is grammatical and effective.

(3)For the purposes of this Act—

(a)where a compensatable estate in any land is mortgaged; and

(b)but for this subsection, any person entitled to an equity of redemption in relation to that compensatable estate would not be entitled to a compensatable estate in that land;

that person shall be taken to be entitled to the compensatable estate in the land to which he would be entitled if he redeemed the mortgage.

(4)For the purposes of this Act, where a compensatable estate in land is vested in any beneficiaries under a settlement, the interests vested in the beneficiaries shall be taken to constitute the compensatable estate which would exist if those interests were vested in one person and constituted one interest; and the beneficiaries shallF4. . . be taken to be entitled to that interest.

(5)Any reference in this Act to a contract is a reference to a contract in writing, or a contract of which a memorandum or note thereof in writing has been made and signed by the parties thereto or by some other person or persons authorised by them in that behalf, and, in relation to a compensatable estate in land conveyed or assigned without a preliminary contract, is a reference to the conveyance or assignment; and any reference to the making of a contract is a reference to the signing thereof or (if it was not in writing) to the signing of the memorandum or note thereof.

(6)Where—

(a)under any provision of this Act, a document or notice is required to be served on a person entitled to an estate in any land; and

(b)it is not practicable, after reasonable inquiry, to ascertain the name or address of any such person;

that document or notice shall be taken to have been duly served if it is addressed to that person by his name, if known to the Ministry, or if his name is not so known, if it is addressed to “all persons entitled to an estate” in the land (describing it) and in either case by delivering the document or notice to some responsible person on the land or, if there is no such person on the land to whom it may be delivered, by affixing the document or notice or a copy thereof so addressed to a conspicuous object on the land.

(7)Where under any provision of this Act the value of an estate in any land is required to be assessed on the assumption that planning permission would be granted for development other than new development that assumption shall be made on the footing that any such development must comply with the provisions of any statutory provision, other than the Planning Acts (Northern Ireland) 1931F16 and 1944F16, which would be applicable thereto.

(8)In the application of this Act to registered land in respect of which a charge for the payment of a principal sum has been created under section 40F17 of the Local Registration of Title (Ireland) Act 1891 [1891 c.66]

(a)any reference to a mortgage shall be construed as a reference to the charge;

(b)any reference to a mortgagee shall be construed as a reference to the registered owner of the charge.

F2Functions transf.SRO (NI) 1973/504; 1976 NI 6

F5Words in s. 43(1) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 4 para. 7 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F6Words in s. 43(1) inserted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 4 para. 7 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

F12SR 1971/307

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.