- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As made)
Point in time view as at 01/01/2006.
There are currently no known outstanding effects for the Land Acquisition and Compensation (Northern Ireland) Order 1973, Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5.—(1) An interest qualifies for compensation under this Part if it was acquired by the claimant before the relevant date in relation to the claim and the requirements of paragraph (2) or, as the case may be, paragraph (3) are satisfied on the date on which notice of the claim for compensation in respect of that interest is served.
(2) If and so far as the interest is in land which is a dwelling, the said requirements are—
(a)that the interest is an owner's interest; and
(b)where the interest carries the right to occupy the land, that the land is occupied by the claimant in right of that interest as his residence.
(3) If and so far as the interest is not in such land as aforesaid, the said requirements are—
(a)that the interest is that of an owner-occupier; and
(b)that the land is or forms part of either—
(i)a hereditament the annual value of which does not exceed the prescribed amount; or
(ii)an agricultural unit.
(4) In this Article “owner's interest”, in relation to any land, means a freehold interest (whether legal or equitable) or a tenancy granted or extended for a term of years of which, on the date of service of the notice of claim in respect thereof, not less than three years remain unexpired.
(5) In this Article “owner-occupier”, in relation to land in a hereditament, means a person who occupies, in right of an owner's interest, the whole or a substantial part of the land and, in relation to land in an agricultural unit, means a person who occupies the whole of that unit and is entitled while so occupying it to an owner's interest in the whole or in any part of that land.
(6) In this Article “the prescribed amount” means the amount for the time being set out in[F1 Article 4(1)(b) of the Planning Blight (Compensation) (Northern Ireland) Order 1981] (interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the same meanings as in[F1 Article 2(2) of that Order] taking references to the date of service of a blight notice under[F1 Article 5 of that Order] as references to the date on which notice of the claim is served.
(7) This Article has effect subject to Articles 13(4), 14 and 15.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.