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Land Acquisition and Compensation (Northern Ireland) Order 1973

1973/1896 · Made 13 November 1973 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 7 April 2026.

C2

[13th November 1973]

Annotations to the whole text

Modifications

C1

Order construed as one with 2016 c. 28 (N.I.) (13.5.2016) by Land Acquisition and Compensation (Amendment) Act (Northern Ireland) 2016 (c. 28 (N.I.)), s. 5 (with s. 7(3))

C2

Order (except arts. 39, 42(2), 43(2)): transfer of functions (8.5.2016) from Department of the Environment to Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Contents

  1. IINTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. IICOMPENSATION FOR DEPRECIATION CAUSED BY USE OF PUBLIC WORKS
  5. 4Right to compensation
  6. 5Interests qualifying for compensation
  7. 6Claims
  8. 7Assessment of compensation: general provisions
  9. 8Assessment of compensation: assumptions as to planning permission
  10. 9Reduction of compensation where other land is benefited
  11. 10Exclusion of minimal compensation
  12. 11Other restrictions on compensation
  13. 12Alterations to public works and changes of use
  14. 13Mortgages, trusts for sale and settlements
  15. 14Interests acquired by inheritance
  16. 15Tenants entitled to enlargement or extension under the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971
  17. 17Information for ascertaining relevant date
  18. 18Disputes
  19. 19Action for nuisance following unsuccessful claim where responsible authority have disclaimed statutory immunity
  20. 20Interest on compensation
  21. 21Interpretation of Part II
  22. Part III: MITIGATION OF INJURIOUS EFFECT OF PUBLIC WORKS
  23. Insulation against noise
  24. 22Sound-proofing of buildings affected by public works
  25. Powers of authorities responsible for other public works
  26. 27Acquisition of land in connection with public works
  27. 28Execution of works etc., in connection with public works
  28. Expenses of persons moving temporarily during construction works etc.
  29. 29Power to pay expenses of persons moving temporarily during construction works etc.
  30. Part IV: PROVISIONS FOR BENEFIT OF PERSONS DISPLACED FROM LAND
  31. Home loss payments
  32. 30Right to home loss payment where person displaced from dwelling
  33. 30ASpouses and civil partners having statutory rights of occupation
  34. 31Amount of home loss payment
  35. 32Supplementary provisions about home loss payments
  36. 33Home loss payments for certain caravan dwellers
  37. Other loss payments
  38. 33ABasic loss payment
  39. 33BOccupier's loss payment: agricultural land
  40. 33COccupier's loss payment: other land
  41. 33DClaims
  42. 33EInsolvency of claimant
  43. 33FDeath of claimant
  44. 33GPayment
  45. 33HAcquisition by agreement or following service of purchase notice or blight notice
  46. 33IRegulations
  47. Farm loss payments
  48. 34Right to farm loss payment where person displaced from agricultural unit Repealed
  49. 35Amount of farm loss payment Repealed
  50. 36Supplementary provisions about farm loss payments Repealed
  51. Disturbance payments
  52. 37Disturbance payments for persons without compensatable interests
  53. 38Amount of disturbance payment
  54. Other payments
  55. 39Payments for certain Housing Executive tenants
  56. Rehousing
  57. 40Duty to rehouse residential occupiers
  58. 41Duty to rehouse certain caravan dwellers
  59. 42Power of Housing Executive to make advances repayable on maturity to displaced residential owner-occupiers
  60. 43Duty of displacing authority to indemnify Housing Executive for net losses
  61. 44Power of relevant authority to defray expenses in connection with acquisition of new dwellings
  62. Part V: COMPULSORY ACQUISITION
  63. Assessment of compensation
  64. 47Compensation for disturbance where business carried on by person over sixty
  65. 48Compensation where occupier is rehoused
  66. Severance of land
  67. 50Vesting order in respect of part of agricultural land
  68. 51Effect of notice under Article 50
  69. 52Acquisition of part of tenanted agricultural holding
  70. 53Effect of notice under Article 52
  71. 54Determination of material detriment where part of house etc., is compulsorily acquired
  72. Part
  73. Part VII: ACQUISITION OF LAND BY MINISTRY OF FINANCE
  74. 65Compulsory acquisition of land required for the public service
  75. 66Power to enter on lands
  76. VIIIMISCELLANEOUS PROVISIONS
  77. 69Receipts for payments made under this Order
  78. 70Application to Crown
  79. Schedule 1: MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 65
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. 10Paragraph 10
  90. 11Paragraph 11
  91. 12Paragraph 12
  92. 13Paragraph 13
  93. 14Paragraph 14
  94. 15Paragraph 15
  95. 16Paragraph 16
  96. Schedule Schedule
  97. Schedule Schedule