Article 33H Acquisition by agreement or following service of purchase notice or blight noticeF1

(1)

This Article applies if—

(a)

an interest in land which is a qualifying interest for the purpose of Article 33A is acquired by agreement by an authority which has power to acquire the interest compulsorily, and

(b)

the interest is acquired from a person who would be entitled to a payment under Article 33A, 33B or 33C if the interest is acquired compulsorily.

(2)

This Article also applies if—

(a)

an interest in land which is a qualifying interest for the purpose of Article 33A is acquired by an authority which has power to acquire the interest compulsorily,

(b)

the interest is acquired from a person who would be entitled to a payment under Article 33A, 33B or 33C if the interest is acquired compulsorily; and

(c)

the interest is acquired in consequence of the service of—

(i)

a purchase notice under section 191 of the Planning Act (Northern Ireland) 2011 (right to require purchase of certain interests); or

(ii)

a notice under Article 5 of the Planning Blight (Compensation)(Northern Ireland) Order 1981 (purchase of blighted land).

(3)

The authority may make a payment to the person of an amount equal to the amount it would be required to pay if the interest is acquired compulsorily.

Annotations

Textual amendments

F1: Arts. 33D-33I inserted (13.5.2016) by Land Acquisition and Compensation (Amendment) Act (NorthernIreland) 2016 (c. 28), ss. 3, 7(2) (with s. 7(3))

Notes on Other loss payments

Textual amendments

F1: Art. 33A and preceding cross-heading inserted (13.5.2016) by Land Acquisition and Compensation (Amendment) Act (NorthernIreland) 2016 (c. 28), ss. 1, 7(2) (with s. 7(3))