PART IVPROVISIONS FOR BENEFIT OF PERSONS DISPLACED FROM LAND

F1Other loss payments

Annotations:
Amendments (Textual)
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))

F2Payment33G

1

Any dispute as to the amount of a payment to be made under Article 33A, 33B or 33C must be determined by the Lands Tribunal.

2

The acquiring authority must make any payment required by Article 33A not later than whichever is the latest of the following dates—

a

the last day of the period specified in Article 33A(4);

b

the last day of the period of 3 months beginning with the day the claim is made;

c

the day on which the amount of the payment is determined.

3

The authority must make any payment required by Article 33B or 33C not later than whichever is the latest of the following dates—

a

the date on which the vesting order is operative;

b

the last day of the period of 3 months beginning with the day the claim is made;

c

the day on which the amount of the payment is determined.

4

If sub-paragraph (c) of paragraph (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (“the claimant”).

5

If when the value of the interest is agreed or determined the amount of a payment made under paragraph (4) differs from the payment required by Article 33A, 33B or 33C—

a

the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority;

b

the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant.

6

The acquiring authority must pay interest on the amount required to be paid at the rate for the time being determined by order under paragraph 18 of Schedule 6 to the Local Government Act (Northern Ireland) 1972.

7

Interest accrues from the date specified in sub-paragraph (a) of paragraph (2) or (3) (as the case may be).

8

The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in paragraph (6).