Article 37 Claims for compensation and interest

(1)

Any person claiming to be entitled to an interest in land in respect of the depreciation or the disturbance in the enjoyment of which compensation will become payable under Article 35 may apply in writing to the district council in accordance with paragraph (3) to record his claim.

(2)

Any person who has applied under paragraph (1) for the recording of a claim to compensation, or any person claiming under him, may, within six months after the end of the period after which under Article 36 compensation may be claimed, apply in writing to the district council in accordance with paragraph (5) for payment of the compensation.

(3)

An application under paragraph (1) shall be served within six months after the date when the relevant order comes into operation and shall be accompanied by particulars of the interest in land in respect of which the claim is made, being particulars sufficient to identify approximately the boundaries of the land, and of the nature of the claimant's title thereto, but it shall not be necessary to state in an application under paragraph (1) the amount of the compensation claimed.

(4)

Where an application is duly made under paragraph (1) the district council shall, within seven days of the serving of the application, record in a register of claims which shall be available for inspection by the public at all reasonable hours—

(a)

the name and address of the claimant;

(b)

the date on which the application is served;

(c)

particulars of—

(i)

the interest in land in respect of which the claim is made,

(ii)

the nature of the claimant's title thereto,

(iii)

the order in respect of which the claim is made;

and the district council shall as soon as practicable after the claim has been recorded notify the claimant in writing of that fact.

(5)

An application under paragraph (2) shall state the amount of the compensation claimed and the applicant's title to receive the compensation claimed and shall be accompanied by documentary evidence of the applicant's title to the interest in land in respect of which compensation is claimed.

(6)

Any compensation payable under Article 35 shall become due when, on an application duly made under paragraph (2), the amount of the compensation has been agreed or, in default of agreement, has been determined by the Lands Tribunal under Article 49; and any such compensation shall be payable with interest, at such rate as is determined by order made by the Department of Finance and Personnel for the purposes of paragraph 18 (2) of Schedule 6 to the Local Government Act (Northern Ireland) 1972F1.

Annotations

Textual amendments

F1: 1972 c. 9 (N.I.).