# The Access to the Countryside (Northern Ireland) Order 1983, Article 38: Payments on account in special circumstances


(1) At any time during the period after which, under Article 36, compensation may be claimed in respect of the coming into operation of an order, a person claiming to be entitled to such compensation may apply to the district council for a payment on account of the compensation on the ground of special circumstances.
(2) On an application under paragraph (1), the district council, if it is satisfied that such circumstances exist, shall make that person a payment on account of the compensation of such amount as the district council may determine.
(3) Any person aggrieved—
(a) by the refusal of a district council to make a payment on account, or
(b) by the amount of a payment which the district council has determined to be made to him,
may appeal to the Department.
(4) On an appeal under paragraph (3), the Department, after affording to the person aggrieved and to the district council an opportunity of being heard by a person appointed by the Department for the purpose, may—
(a) confirm the decision of the district council, or
(b) direct that the district council shall make a payment on account of such amount as appears to the Department to be just.

---
Source: https://www.legislation.gov.uk/nisi/1983/1895/article/38 (the official version)
Page: https://openlegislation.uk/access-to-the-countryside-northern-ireland-order-1983/article-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.