Claims33D

1

This Article applies for the purposes of Articles 33A to 33C.

2

A claim for payment must be made in writing to the acquiring authority.

3

The claim must give such particulars as the authority may reasonably require for the purpose of deciding—

a

whether a payment is to be made;

b

the amount of any such payment.

4

For the purposes of the Limitation (Northern Ireland) Order 1989 a person's right of action to recover a payment must be taken to have accrued—

a

in the case of a claim under Article 33A on the last day of the period specified in paragraph (4) of that Article;

b

in the case of a claim under Article 33B or 33C on the date the vesting order is operative.

Insolvency of claimant33E

1

This Article applies if a person is entitled to a payment under Article 33A, 33B or 33C but before a claim is made under Article 33D insolvency proceedings are started in relation to the person.

2

Any of the following may make a claim instead of the person mentioned in paragraph (1)—

a

a receiver, trustee in bankruptcy or the official receiver in the case of an individual;

b

an administrator, administrative receiver, liquidator or provisional liquidator or the official receiver in the case of a company or a partnership.

3

Insolvency proceedings are—

a

proceedings in bankruptcy;

b

proceedings under the Insolvency (Northern Ireland) Order 1989 for the winding up of a company or an unregistered company (including voluntary winding up of a company under Part 5 of that Order;

c

proceedings for the winding up of a partnership.

Death of claimant33F

1

This Article applies if a person is entitled to a payment under Article 33A, 33B or 33C but before a claim is made under Article 33D the person dies (“the deceased”).

2

A claim may be made by a person who—

a

occupied the land for a period of not less than one year ending with the date on which the vesting order is operative, and

b

is entitled to benefit on the death of the deceased by virtue of—

i

a testamentary disposition;

ii

the law of intestate succession; or

iii

the right of survivorship between joint tenants.

Payment33G

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).

Acquisition by agreement or following service of purchase notice or blight notice33H

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.

Regulations33I

1

The Department for Regional Development may by regulations—

a

provide that no payment is to be made under Article 33A, 33B or 33C to a person of such description, or in such circumstances, as may be prescribed in the regulations;

b

substitute for any amount or percentage figure specified in Articles 33A to 33C such other amount or percentage figure (as the case may be) as it thinks fit.

2

Regulations under this Article shall not be made unless a draft of the regulations has been laid before and approved by resolution of the Assembly.