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The Anti-Pollution Works Regulations (Northern Ireland) 2003
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Basis on which compensation assessed
5.—(1) The rules set out in Article 6 of the Land Compensation (Northern Ireland) Order 1982(1) (rules for assessing compensation) shall, so far as applicable and subject to any necessary modifications, have effect for the purpose of assessing any compensation under paragraph 4, as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(2) Where the relevant interest in respect of which any compensation is to be assessed is subject to a mortgage–
(a)the compensation shall be assessed as if the interest were not subject to the mortgage;
(b)no compensation shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
(c)any compensation which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee and shall, in either case, be applied by him as if it were proceeds of sale.
(1)
S.I. 1982/712 (N.I. 9)
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