Northern Ireland (Emergency Provisions) Act 1996 (repealed)
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Change 1
55 Right to compensation.
(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State to any person who— (a) has an estate or interest in that property or (as the case may be) is entitled to those rights of property, and (b) suffers loss or damage as a result of the act. (2) No compensation shall be payable under this section in respect of any act falling within subsection (1) unless an application for such compensation is made to the Secretary of State, in such manner as he may specify, within— (a) the period of four months beginning with the date when the act was done, or (b) such longer period beginning with that date and not exceeding twelve months as— (i) the Secretary of State on a request being made to him in writing, or (ii) the county court on an appeal under subsection (3), may in a particular case allow. (3) Where the Secretary of State refuses any request made to him for the purposes of subsection (2)(b), he shall serve a notice of his refusal on the person who made the request, and that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against that refusal. (4) Where the Secretary of State has determined any application for compensation made in accordance with subsection (2), he shall serve on the applicant either— (a) a notice stating that he has decided to award the applicant compensation in pursuance of his application and specifying the amount of the award, or (b) a notice stating that he has decided to refuse the application; and the applicant may within the period of six weeks beginning with the date of service of the notice appeal to the county court against the decision of the Secretary of State to pay the amount of compensation specified in the notice or (as the case may be) to refuse the application and unless he so appeals within that period that decision shall become in all respects final and binding. (5) Any notice served under subsection (3) or (4) shall contain particulars of the right of appeal under that subsection and, in the case of a notice served under subsection (4), of the consequences of a failure to exercise that right. (6) Where— (a) a person having a right to compensation under this section has made an application in accordance with subsection (2), and (b) by virtue of any assignment or operation of law that right has passed to any other person, that other person (or, if he is subject to any legal disability, the person appearing to the Secretary of State to be entitled to act on his behalf) may be treated by the Secretary of State as the applicant for the purposes of any provision of this section. (7) Where— (a) a person has a right to compensation in respect of any act falling within subsection (1), and (b) the act was done in connection with, or revealed evidence of the commission of— (i) a scheduled offence, or (ii) an offence under this Act other than a scheduled offence, and (c) proceedings for that offence are brought against that person, his right to such compensation shall not be enforceable at any time when any such proceedings have not been concluded or if he is convicted of the offence.
55 Right to compensation.
(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State to any person who— (a) has an estate or interest in that property or (as the case may be) is entitled to those rights of property, and (b) suffers loss or damage as a result of the act. (2) No compensation shall be payable under this section in respect of any act falling within subsection (1) unless an application for such compensation is made to the Secretary of State, in such manner as he may specify, within— (a) the period of four months beginning with the date when the act was done, or (b) such longer period beginning with that date and not exceeding twelve months as— (i) the Secretary of State on a request being made to him in writing, or (ii) the county court on an appeal under subsection (3), may in a particular case allow. (3) Where the Secretary of State refuses any request made to him for the purposes of subsection (2)(b), he shall serve a notice of his refusal on the person who made the request, and that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against that refusal. (4) Where the Secretary of State has determined any application for compensation made in accordance with subsection (2), he shall serve on the applicant either— (a) a notice stating that he has decided to award the applicant compensation in pursuance of his application and specifying the amount of the award, or (b) a notice stating that he has decided to refuse the application; and the applicant may within the period of six weeks beginning with the date of service of the notice appeal to the county court against the decision of the Secretary of State to pay the amount of compensation specified in the notice or (as the case may be) to refuse the application and unless he so appeals within that period that decision shall become in all respects final and binding. (5) Any notice served under subsection (3) or (4) shall contain particulars of the right of appeal under that subsection and, in the case of a notice served under subsection (4), of the consequences of a failure to exercise that right. (6) Where— (a) a person having a right to compensation under this section has made an application in accordance with subsection (2), and (b) by virtue of any assignment or operation of law that right has passed to any other person, that other person (or, if he is subject to any legal disability, the person appearing to the Secretary of State to be entitled to act on his behalf) may be treated by the Secretary of State as the applicant for the purposes of any provision of this section. (7) Where— (a) a person has a right to compensation in respect of any act falling within subsection (1), and (b) the act was done in connection with, or revealed evidence of the commission of— (i) a scheduled offence, or (ii) an offence under this Act other than a scheduled offence, and (c) proceedings for that offence are brought against that person, his right to such compensation shall not be enforceable at any time when any such proceedings have not been concluded or if he is convicted of the offence.
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