Land Acquisition and Compensation (Amendment) Act (Northern Ireland) 2016
| Jurisdiction | Northern Ireland |
| Citation | 2016 NI c 28 |
Land Acquisition and Compensation (Amendment) Act (Northern Ireland) 2016
2016 CHAPTER 28
An Act to amend the Land Acquisition and Compensation (Northern Ireland) Order 1973 to provide for additional payments for loss following the compulsory acquisition of land.
[12th May 2016]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
1 Basic loss payment
After Article 33 of the Land Acquisition and Compensation (Northern Ireland) Order 1973 (“the 1973 Order”) insert—
“Other loss payments
33A. Basic loss payment
(a) if he has a qualifying interest in land,
(b) if the interest is acquired compulsorily, and
(c) to the extent that he is not entitled to a home loss payment in respect of any part of the interest.
(a) 7.5% of the value of his interest;
(b) £75,000.
(3) A payment under this Article must be made by the acquiring authority.
(a) the date on which the vesting order is operative;
(b) the date on which compensation is agreed between the person and the acquiring authority.
(5) Subject to paragraphs (6) and (7), the value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition.
(6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
(7) If rule (5) in Article 6(1) of the Land Compensation (Northern Ireland) Order 1982 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.”.
2 Occupier’s loss payment
After Article 33A of the 1973 Order (inserted by section 1) insert—
“33B. Occupier’s loss payment: agricultural land
(a) he has a qualifying interest in land for the purposes of Article 33A,
(b) the land is agricultural land,
(c) the interest is acquired compulsorily, and
(d) he occupied the land for the period specified in Article 33A(4).
(a) 2.5% of the value of his interest;
(b) the land amount;
(c) the buildings amount.
(3) But the maximum amount which may be paid to a person under this Article in respect of an interest in land is £25,000.
(4) A payment under this Article must be made by the acquiring authority.
(5) Subject to paragraphs (6) and (7), the value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition.
(6) If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
(7) If rule (5) in Article 6(1) of the Land Compensation (Northern Ireland) Order 1982 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
Area of the land |
Amount per hectare |
Not exceeding 100 hectares |
£100 per hectare or part of a hectare |
Exceeding 100 hectares |
|
(9) The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
(10) The gross floor space must be measured externally.
33C. Occupier’s loss payment: other land
(a) he has a qualifying interest in land for the purposes of Article 33A,
(b) the land is...
To continue reading
Request your trial