Land Acquisition and Compensation (Northern Ireland) Order 1973

Home loss payments for certain caravan dwellers N.I.

33.—(1) Articles 30 to 32 shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as they have effect in relation to a person displaced from a dwelling on any land but shall so have effect subject to the following modifications.

(2) No home loss payment[F1 or discretionary payment] shall be made to any person by virtue of this Article except where no suitable alternative site for stationing a caravan is available to him on reasonable terms.

(3) Paragraph (1) of Article 30 shall have effect as if for the words preceding sub-paragraph ( a) there were substituted the words “Where a person residing in a caravan on a caravan site is displaced from that site in consequence of” and paragraph (2) of that Article shall have effect as if for sub-paragraphs ( a) and ( b) there were substituted—

[F1 “(a) he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and

(b) he has been in such occupation of the site by virtue of an interest or right to which this Article applies.”.]

[F1 (4) Article 31 shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.]

(5) Article 32 shall have effect as if for paragraph (5) there were substituted—

“(5) Where any land comprises two or more caravan sites and the claimant has successively been in occupation of or resided in a caravan on different caravan sites on that land, Article 30(2) and[F1 paragraphs (3) to (4)] shall have effect—

[F1 (a) as if in paragraphs (3) and (3A) the references to a dwelling were to a caravan site;]

(b) as if in paragraph (4) for the words “resided in the dwelling, or a substantial part of it” there were substituted the words “resided in a caravan on the caravan site”; and

(c) as if those sites were the same site.” .

(6) Articles 30 to 32 shall have effect as if in any provision not modified as aforesaid for any reference to a dwelling or land there were substituted a reference to a caravan site.

(7) In this Article “caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed.

F1 1992 NI 8