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LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - LONG
TITLE

An Act to establish a Lands Tribunal to determine certain questions
relating to compensation for the compulsory acquisition of land and
to other matters including appeals against valuations for rating
purposes; to amend the Acquisition of Land (Assessment of
Compensation) Act 1919; to make further provision with respect to
the assessment and payment of compensation in respect of the
compulsory acquisition of land or depreciation in the value of land;
and for purposes connected with any of those matters.
[20th October 1964]
PART I

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 1

1.(1) There shall be established a tribunal to be called the Lands
Tribunal for Northern Ireland (in this Act referred to as "the
Lands Tribunal") which shall be a court of record.

(2) The Lands Tribunal shall consist of a President and such
number, if any, of other members as the Ministry of Finance (in
this Act referred to as "the Ministry") may from time to time
determine, to be appointed by the [Lord Chancellor].

(3) The President shall be either a barrister-at-law of not less
than seven years standing or a solicitor of the Supreme Court of
Judicature in Northern Ireland of not less than seven years
standing, and the other members of the Lands Tribunal shall be
either barristers-at-law or solicitors of not less than seven years
standing as aforesaid or persons who have had experience in the
valuation of land.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 2
Terms of appointment and remuneration, etc., of members.

2.(1) Subject to [subsections (4) and (4A)], a member of the Lands
Tribunal ...

Para.(a) rep. by SI 1973/2163 art.14(2) sch.6

(b)... shall vacate his office at the end of the completed year of
service in the course of which he attains the age of seventy-two
years; and

(c)[in] his appointment shall be subject to such other conditions as
may be determined by the Ministry before his appointment or as may,
after his appointment, be agreed to in writing by him with the
Ministry.

(2) A member of the Lands Tribunal shall not practise at the bar
or as a solicitor or engage, whether directly or indirectly, or be
a partner of any other person who engages, in any gainful
profession, occupation or business which involves or may involve the
valuation of or dealing in land but nothing in this subsection
shall affect the operation of any rule of law disqualifying a
person for acting in any matter on the ground of interest or bias.

(3) A person who ceases to hold office as a member of the Lands
Tribunal shall be eligible for re-appointment thereto.

(4) If a member of the Lands Tribunal becomes, in the opinion of
the Governor, unfit to continue in office or incapable of performing
his duties, the Governor shall forthwith declare his office to be
vacant and shall notify the fact in such manner as he thinks fit,
and thereupon the office shall become vacant.

[(4A) Without prejudice to subsection (4), a member of the Lands
Tribunal holding office immediately before 1st January 1974 may be
removed from office by Her Majesty upon an address presented to Her
Majesty by both Houses of the Parliament of the United Kingdom.]

(5) There shall be paid to the members of the Lands Tribunal
appointed under section 1(2) such remuneration, and to a person who
has been a member of the Lands Tribunal or in respect of the
service of such a person such allowances and gratuities by way of
superannuation, as may be determined by an Order in Council made
under this subsection but the Governor shall not be recommended to
make any such Order in Council until a draft thereof has been laid
before Parliament and approved by a resolution of each House of
Parliament.

(6) All sums payable under this section shall be charged on and
issued out of the Consolidated Fund.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 3
Temporary appointments.

3.(1) Where the President is temporarily absent or unable to act,
the Governor may, notwithstanding the provisions of section 1(3),
appoint another member of the Lands Tribunal to act as deputy for
the President, and a person so appointed shall, while so acting,
have all the functions of the President.

(2) Where a member of the Lands Tribunal is temporarily absent or
unable to perform his duties or where for any reason there is a
temporary increase in the number or complexity of applications being
made to the Tribunal, and the Ministry is satisfied that it is
necessary or expedient to appoint a temporary member, the Governor
may appoint a person, being a person who has been a member of the
Lands Tribunal, or is or has been a county court judge, to be a
temporary member of the Tribunal for such period as may be
determined by the Ministry before his appointment and on such
conditions, including conditions corresponding to the provisions of
section 2(2), as may be so determined.

(3) The conditions upon which a temporary member is appointed may,
with the written consent of that member, be varied by the Ministry
after his appointment.

(4) A person appointed to be a temporary member under subsection
(2) shall have and may exercise all the functions of a member of
the Lands Tribunal and references in this Act, other than in
sections 1 and 2, to a member of the Lands Tribunal shall include
a reference to such a temporary member.

(5) There shall be paid to temporary members appointed under
subsection (2) such remuneration, if any, as the Ministry may
determine.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 4
Appointment of officers and servants of the Lands Tribunal.

4.(1) The Ministry may appoint officers and servants to assist the
Lands Tribunal in the due performance of its functions.

(2) There shall be paid to persons appointed under this section
such remuneration and to, or in respect of the service of, persons
so appointed such allowances and gratuities by way of superannuation,
as the Ministry may determine.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 5
Travelling and subsistence allowances and other financial provisions.

5.(1) There may be paid to members of the Lands Tribunal travelling
and subsistence allowances at such rates as the Ministry may
determine and to officers and servants appointed under section 4
travelling and subsistence allowances at the rates for the time
being applicable to travelling and subsistence allowances payable to
persons employed in the civil service of Northern Ireland.

(2) All sums payable under sections 3 and 4 and this section and
such other expenses of the Lands Tribunal as the Ministry may
determine shall be defrayed out of moneys provided by Parliament.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 6
Jurisdiction of the Lands Tribunal.

6.(1) As from the date of the coming into operation of this
subsection the functions which immediately before that date were
exercisable by

(a)a person or persons selected from the panel of referees appointed
under Part I of the Finance (1909-10) Act 1910;

(b)a person or persons selected from the panel of official
arbitrators appointed under the Acquisition of Land Act;

(c)an arbitrator appointed under section 1 of the Administrative
Provisions Act (Northern Ireland) 1928;

(2) As from the date of the coming into operation of subsection
(1), there shall be referred to and determined by the Lands
Tribunal, in so far as they are not required by subsection (1) to
be so referred and determined,

(a)any question of disputed compensation for the severance or
injurious affection of any land, arising under this Act or under
the Lands Clauses Acts, on or in connection with the acquisition
of, or the execution of any works on, any land of the exercise in
relation to any land or any powers conferred by any statutory
provision;

(b)any question as to whether compensation falls to be assessed in
accordance with rule (5) in section 2 of the Acquisition of Land
Act.

Subs.(3) rep. by 1980 NI 11 art.64(2) sch.9; subs.(4) rep. by 1972
NI 16 art.63(3) sch.19

(5) The Lands Tribunal shall also exercise any jurisdiction conferred
by any transferred provision on a person or persons selected as
mentioned in paragraphs (a) and (b) of subsection (1) or appointed
as mentioned in paragraph (c) of that subsection (including the
power conferred by section 9 of the Acquisition of Land Act to
give a certificate of value).

(6) The Lands Tribunal may also act as arbitrator under a reference
by consent relating to any matter affecting the value or the use
or development of any land and any agreement entered into before
the coming into operation of this subsection which provides for
referring any such matter to arbitration by a person or persons
selected or appointed as aforesaid shall, subject to any subsequent
agreement, have effect as if it provided for referring the matter
to arbitration by the Lands Tribunal.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 7
Power to add to jurisdiction of Lands Tribunal.

7.(1) The Ministry may, by order made subject to affirmative
resolution, direct that questions which are required or authorised by
any transferred provision whether passed before or after the passing
of this Act (other than a question authorised by any of the
foregoing provisions of this Part to be so referred and determined)
to be referred to and determined by any statutory tribunal shall or
may be determined instead by the Lands Tribunal if it appears to
the Ministry that the questions are appropriate for the Lands
Tribunal as involving valuation of land or for other reasons.

(2) An order made under this section may make such supplementary
and consequential provisions (including provisions for modifying or
repealing any enactment for the time being in force) as may be
necessary or expedient for the purposes of the order, and, without
prejudice to the generality of the foregoing, may

(a)make decisions of the Lands Tribunal in the exercise of the
jurisdiction transferred enforceable in the like manner as those of
the statutory tribunal from which the jurisdiction was transferred;

(b)make special provision as to the selection of members to deal
with a case and as to their sitting with assessors;

(c)apply with or without modifications to the exercise of that
jurisdiction by the Lands Tribunal, or repeal, any provisions as to
procedure which governed its exercise by the statutory tribunal;

(d)preserve the effect of things done in or for the purpose of the
exercise of that jurisdiction by the statutory tribunal.

(3) Where the Lands Tribunal is exercising any jurisdiction
transferred to it by an order made under this section, section 8
shall have effect subject to the provisions of any order so made
with respect to that jurisdiction.

(4) In this section "statutory tribunal" means any Government
department, authority or person entrusted with the determination as
arbitrator or otherwise of questions arising under an enactment, but
does not include any of the ordinary courts of law or a tribunal
consisting of one or more than one judge of any of those courts.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 8
Procedure, appeals and costs.

8.(1) The jurisdiction of the Lands Tribunal may be exercised by
any one or more than one of its members and references to the
Lands Tribunal shall be construed accordingly.

(2) Where the Lands Tribunal consists of more than one member, the
member or members who is or are to deal with any case shall be
selected by the President.

(3) Where at any time before giving a decision in any proceedings
being heard by him a member of the Lands Tribunal is of opinion
that the proceedings should be heard and determined by him with
another member or other members of the Tribunal, such proceedings
may be adjourned and the adjourned proceedings shall be heard, or
re-heard, and determined by such member or members as may be
selected by the President.

(4) Where a case is dealt with by two or more members of the
Lands Tribunal

(a)if the President is one of them he shall preside at the hearing
and, if he is not, he shall nominate one of them to preside at
the hearing;

(b)a decision shall be taken, in the event of a difference between
the members dealing with the case, by the votes of the majority,
and, in the event of an equality of votes, the person presiding at
the hearing shall have a second or casting vote.

(5) Subject to subsection (6) a decision of the Lands Tribunal
shall be final.

(6) Any person aggrieved by a decision of the Lands Tribunal as
being erroneous on a point of law may require the Lands Tribunal
to state and sign a case for the decision of the Court of Appeal
and, where the decision of the Lands Tribunal is given on a review
by way of appeal from the previous decision or determination of
another person, that person if dissatisfied with the decision of the
Lands Tribunal shall be treated for this purpose as a person
aggrieved thereby.

(7) Subject to sections 9 and 10 and any other transferred
provision, the Lands Tribunal may order that the costs, or any part
of the costs, of any proceedings before it incurred by any party
shall be paid by any other party and may tax or settle the amount
of any costs to be paid under any such order or direct in what
manner they are to be taxed or settled.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT 9
Regulation of proceedings, fees, etc.

9.(1) The Ministry, after consultation with the President of the
Lands Tribunal, may make rules for regulating proceedings before the
Lands Tribunal and the fees chargeable in respect of those
proceedings, and such rules may in particular make provision

(a)as to the time within which proceedings before the Tribunal are
to be instituted;

(b)as to the places where any such proceedings are to be heard;

(c)as to the evidence which may be required or admitted at any
such proceedings and as to the production of documents and the
summoning and examination of parties and witnesses;

(d)for the Tribunal to sit with assessors when dealing with cases
calling for special knowledge and for making payments to the
assessors as part of the expenses of the Tribunal;

(e)for requiring the Tribunal to state reasons for its decisions and
generally as to the form in which any decision of the Tribunal is
to be given;

(f)as to the amendment of any such decision in pursuance of any
direction given by the Court of Appeal on any case stated under
section 8(6);

(g)for the publication of decisions and awards of the Tribunal.

(2) All fees payable in respect of any proceedings before the Lands
Tribunal shall be payable in such manner as rules made under
subsection (1) may prescribe and shall be paid into the Exchequer.

(3) Where the Lands Tribunal acts as arbitrator, the provisions of
the Arbitration Act (Northern Ireland) 1937 shall apply only in so
far as they are applied by rules made under this section, so,
however, that section 1 of that Act shall always apply where the
Lands Tribunal is, under section 6(6), acting as arbitrator under a
reference by consent.

(4) Subject to the provisions of this Part, any rules made by the
Ministry under the Acquisition of Land Act or by the Reference
Committee under the Finance (190910) Act 1910 which are in force
immediately before the coming into operation of this section shall,
so far as they relate to matters with respect to which there is
power to make rules under this section, have effect with any
necessary modifications as if made in the exercise of that power
and may be altered or revoked by rules made under this section.

(5) Rules made under this section shall provide for preserving, so
far as appears to the Ministry to be practicable, the effect of
things done before the coming into operation of this section in or
for the purpose of the exercise of any jurisdiction transferred by
this Act to the Lands Tribunal, and those rules may exclude the
operation of this Act, in whole or in part, in relation to any
proceedings pending at the coming into operation of this section.

(6) Rules made under this section shall be subject to negative
resolution.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
10
Amendment of ss.3-5 of Acquisition of Land Act.

10.(1) Sections 3 to 5 of the Acquisition of Land Act (so far as
they are not made inapplicable by sections 8 and 9) shall have
effect subject to the amendments specified in Part I of Schedule 2
and, subject to subsection (2), shall apply accordingly in relation
to proceedings before the Lands Tribunal as set out in Part II of
that Schedule.

(2) Subject to any rules made under section 9, sections 3 to 5 of
the Acquisition of Lands Act shall apply in relation to any
proceedings under an Act passed before this Act only in so far as
they would have applied in relation to such proceedings if this Act
had not been passed.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
11
Savings in relation to Part I.

11.(1) The transfer of any jurisdiction to the Lands Tribunal under
this Part shall not affect the principles on which any question is
to be determined or the persons on whom the determination is
binding, or any provision which requires particular matters to be
expressly dealt with or embodied in the determination, or which
relates to evidence and is not contained in the Acquisition of Land
Act, but nothing in this subsection shall prejudice or affect the
operation of Part II of this Act.

(2) The transfer to the Lands Tribunal by section 6(5) or by an
order made under section 7 of any jurisdiction conferred on some
other tribunal or person by an instrument made under any Act shall
not be taken as affecting the power by virtue of which that
instrument was made, and the provision conferring that power shall
accordingly have effect as from the transfer as if it directed the
jurisdiction to be exercised by the Lands Tribunal as provided under
this Act, except in so far as provision to the contrary is
thereafter made in pursuance of the said power.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
12
Minor or supplemental provisions.

12.(1) Where a dispute arises on any matter or question which may
be referred to the Lands Tribunal for determination, any party to
the dispute may initiate proceedings to have the matter or question
so determined.

Subs.(2) repeals s.1 (pt.) of 1919 c.57; subs.(3) rep. by 1975 c.25
s.5(2) sch.3

(4) The Ministry may by order made subject to affirmative resolution
make such modifications and adaptations of any transferred provision
as may be consequential upon, or as may be required for the
purpose of giving effect to, any of the provisions of this Part.

Amendment of rules for assessing compensation.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
13

13. Subs.(1) substitutes s.2 of 1919 c.57

(2) This section shall have effect only in relation to compensation
in respect of land compulsorily acquired after the passing of this
Act.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
14
Compensation for severance or injurious affection where part of
claimant's lands is acquired.

14.(1) In estimating the compensation to be paid to any person in
respect of the compulsory acquisition of any land acquired by an
acquiring authority, regard shall be had not only to the value of
the land acquired but also to the damage, if any, sustained or
which may be sustained by that person by reason of the severing of
the land acquired from other lands of that person held therewith,
or otherwise injuriously affecting such other lands by the exercise
of powers conferred on the acquiring authority by any transferred
provision.

(2) Where for the purpose of assessing the amount of any
compensation payable under this section the value of any land is
required to be determined, that value shall, except in so far as
any transferred provision (whether passed before or after the passing
of this Act) otherwise provides, be determined in accordance with
rules (2) to (4) of section 2 of the Acquisition of Land Act.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
15
Compensation for injurious affection caused by execution of works.

15.(1) Where, by reason of the execution of works on land acquired
(whether compulsorily or otherwise) by any authority having power
under any transferred provision to acquire that land compulsorily,
any other land is injuriously affected, that authority shall, subject
to any provision to the contrary in that transferred provision and
subject to and in accordance with the following provisions of this
section, pay compensation in respect of the injurious affection.

(2) Compensation in respect of injurious affection shall not be
payable under this section to any person from whom any land has
been acquired by the acquiring authority for the purpose of
executing the works and to whom any compensation is payable under
section 14 by that authority in respect of that injurious affection.

(3) Compensation shall be payable under this section only in respect
of injurious affection which would, but for the provisions of the
transferred provision authorising the execution of the works, have
given rise to a right of action for damages against any person
causing the injurious affection.

(4) In assessing compensation payable under this section, regard
shall be had to any benefit which the person entitled to the
compensation may derive from any works carried out or to be carried
out on the land acquired by the acquiring authority.

(5) Where the acquiring authority undertake, before the compensation
payable under this section is agreed upon or determined, to make
alterations or additions or to construct additional works or to
abandon part of the land acquired or to grant other lands or
easements, the compensation shall be determined having regard to such
undertaking.

(6) Where for the purpose of assessing the amount of any
compensation payable under this section the value of any land is
required to be determined, that value shall, except in so far as
any other transferred provision (whether passed before or after the
commencement of this Act) otherwise provides, be determined in
accordance with rules (2) to (4) of section 2 of the Acquisition
of Land Act.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
16
Disregard of actual or prospective development.

16.(1) In assessing compensation payable in respect of the compulsory
acquisition after the passing of this Act of any land (in this
section referred to as "the relevant land") no account shall be
taken of any increase or diminution in the value of the relevant
land which is attributable to the carrying out, or the prospect of
the carrying out, of so much of any development on the relevant
land or on other land which has been, or is being, or is proposed
to be acquired (whether compulsorily or otherwise) for the purposes
of the same scheme or project of development for which the relevant
land is being or has been acquired, as would not have been likely
to have been, or to be, carried out if the acquiring body or
authority had not acquired or did not propose to acquire the
relevant land or that other land.

[(1A) Where any of the relevant land forms part of an area
designated as the site of a new town by an order under the New
Towns Act (Northern Ireland) 1965, no account shall be taken of any
increase or diminution in the value of the relevant land which is
attributable to the carrying out, or the prospect of carrying out,
of so much of any development on the relevant land or on other
land in that area in the course of the development of that area
as a new town, as would not have been likely to have been, or to
be, carried out if the area had not been so designated.]

(2) In this section "development" includes any building operations or
rebuilding operations, and any use of the land or any building
thereon for a purpose which is different from the purpose for which
the land or building was last being used.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
17
Disregard of depreciation due to prospect of compulsory acquisition.

17. In assessing compensation payable in respect of the compulsory
acquisition after the passing of this Act of any land, no account
shall be taken of any depreciation in the value of that land which
is attributable to the fact that (whether by way of designation,
allocation or other particulars contained in any scheme or plan or
by any other means) an indication has been given that that land
is, or is likely, to be acquired by an authority or body
authorised or capable of being authorised under any transferred
provision to acquire that land compulsorily.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
18
Outstanding right to planning compensation.

18. Where in consequence of a decision, determination or order under
the enactments relating to planning any person is entitled to, but
has not received, compensation for depreciation in the value of an
estate or interest in any land (in this section referred to as
"planning compensation"), the compensation payable to that person in
respect of any compulsory acquisition of that land subsequent to the
decision, determination or order shall be assessed as if the
planning compensation had been paid to him.

Financial provision.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
19

19. Any increase attributable to any provision of this Act in sums
which under any other enactment are payable out of moneys provided
by Parliament or charged on and issued out of the Consolidated Fund
shall be defrayed in the same manner as those sums are by that
enactment authorised or required to be defrayed and any provision of
that enactment as to the borrowing of money for the purpose of
providing such sums shall apply accordingly.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
20
Interpretation.

20. In this Act

"the Acquisition of Land Act" means the Acquisition of Land
(Assessment of Compensation) Act 1919;

"barrister-at-law" means a member of the bar whether of Northern
Ireland or England or both;

"Ministry" has the meaning assigned to it by section 1(2);

"transferred provision" has the meaning assigned to it by section
1(g) of the Interpretation Act (Northern Ireland) 1954.

S.21 rep. by SLR 1973

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
22
Saving.

22. For the removal of doubt it is hereby declared that nothing in
this Act shall apply in relation to the acquisition of land for
purposes for which the Parliament of Northern Ireland has not power
to make laws or in relation to any compensation payable in respect
of any such acquisition.

LANDS TRIBUNAL AND COMPENSATION ACT (NORTHERN IRELAND) 1964 - SECT
23
Short title and commencement.

23.(1) This Act may be cited as the Lands Tribunal and Compensation
Act (Northern Ireland) 1964.

(2) Commencement

Schedule 1Modifications. Schedule 2 amends, and reprints as am.,
ss.35 of 1919 c.57. Schedule 3 rep. by SLR 1973