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Parts I and II

PART I

INTRODUCTORY

Rule

  1. Citation and commencement
  2. Interpretation

PART II

THE GENERAL RULES

  1. Application
  2. Institution of proceedings
  3. Entry of reference
  4. Notice of intention to appear by a notice party
  5. Time for the institution of proceedings and for steps in connection with proceedings
  6. Limitation of case and amendment of notice of reference
  7. Disclosure of documentary evidence
  8. Disclosure and exchange of the evidence of expert witnesses
  9. Failure to disclosure documentary or expert evidence
  10. Interlocutory applications
  11. Other applications
  12. Proceedings to be consolidated or heard together
  13. Preliminary point of law
  14. Sittings of the Tribunal
  15. Selection of members of Tribunal
  16. Procedure at hearing
  17. Default of appearance at the hearing
  18. Evidence
  19. Attendance of witnesses
  20. Administration of oaths
  21. Tribunal to sit in public
  22. Right of audience
  23. Assessors
  24. View of land
  25. Interim award
  26. Decision of Tribunal
  27. Appeal by way of case stated
  28. Interest on awards
  29. Sealed offers
  30. Consent orders
  31. Costs
  32. Withdrawal of reference etc.
  33. Certificate of value
  34. Service of notices
  35. Change of address or name
  36. Failure to comply with rules
  37. Delay in proceedings
  38. Fees
  39. Substituted service
  40. Transitional provisions
  41. Revocation of previous rules

PART I

INTRODUCTORY

Citation and commencement

       1.  These rules may be cited as the Lands Tribunal Rules (Northern Ireland) 1976 and shall come into operation on 1st July 1976.

Interpretation

       2.  In these Rules, save where otherwise provided by these rules -

(1)  "the Act" means the Lands Tribunal and Compensation Act (Northern Ireland) 1964;

"the Department" means the Department of Finance;

"the Rates Order" means the Rates (Northern Ireland) Order 1977[1];

"the President" means the President of the Lands Tribunal;

"the Tribunal" means the member or members of the Lands Tribunal selected to deal with a case under the provisions of section 8 of the Act;

"the registrar" and "the office" mean respectively the registrar and the office for the time being of the Tribunal;

"General Commissioners" and "Special Commissioners" have the same meaning respectively as in the Taxes Management Act 1970[2];

"capital value", "capital value list", "the Commissioner", "district valuer", "NAV list", "net annual value" and "rateable value" have the same meaning respectively as in the Rates Order (defined above);

"served" means served in accordance with rule 36 of the General Rules;

"statutory provision" has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954[3];

"the Valuation Tribunal" means the Northern Ireland Valuation Tribunal;

(2)  "the General Rules" means the rules in Part II;

"the rating Rules" means the rules in Part III;

"the Rules for Tax Cases" means the rules in Part IV;

"the Estate Duty Rules" means the rules in Part V;

"the Land Development Values Rules" means the rules in Part VI;

"the Business Tenancies Rules" means the rules in Part VII;

"the Miscellaneous Statutory Provisions Rules" means the rules in Part VIII;

       (3)  a form referred to by number or by letter means the form so numbered or lettered in Schedule 1.

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PART II

THE GENERAL RULES

Application

       3.-(1)  The General Rules in this Part shall, unless otherwise provided, apply to all proceedings before the Tribunal.

       (2)  In their application to each of the jurisdictions to which Parts III to VIII relate, the General Rules shall have effect as respectively modified by each Part and as if proceedings in the exercise of that jurisdiction were instituted by a notice of reference.

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Institution of proceedings

       4.-(1)  Save where otherwise provided a person may institute proceedings by serving on the registrar a notice of reference as nearly as possible in accordance with Form I together with sufficient copies for service on each other party to the proceedings.

       (2)  The party instituting the proceedings shall in the following cases send to the registrar with the notice of reference -

(a)   on a claim for compensation for damage to land caused in the execution of powers of entry under a statutory provision, a copy of any notice in writing given to him by the authority which exercised the power of entry;

(b)  on a claim for compensation for depreciation in the value of land or property caused by the execution, or use of works under a statutory provision, a copy of any order, document, notice or instrument authorising or specifying the execution or use of works relevant to his claim;

(c)   a form referred to by number or by letter means the form so numbered to arbitrate;

(d)  in any other case, the party instituting the proceedings shall send to the registrar with the notice of reference, a copy of any order, document, notice or instrument which he claims gives rise to the question for determination.

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Entry of reference

       5.-(1)  Upon receiving a notice of reference, the registrar shall -

(a)   enter particulars of the reference in a register (which may be kept by means of a computer)* and shall inform each of the parties to the proceedings of the number of the reference entered in the register, which shall thereafter constitute the title of the proceedings, and

(b)  send a copy of the notice of reference to each of the parties to the proceedings (other than the party or parties by whom the notice of reference is given), and inform him that he has been made a party to the proceedings, subject to his right to apply to the registrar within 14 days from the date of the sending of such notice of reference to have his name removed from the proceedings upon the ground that he has no interest, or no sufficient interest, in the proceedings to justify his appearance as a party therein.

        (2)   The registrar may, before entering particulars of a reference in the register or at any stage in the proceedings on a reference, require a party serving a notice of reference to deliver to him a further and better statement of the matter referred and of the parties having an interest therein.

       (3)   In this rule "computer" means any device for storing and processing information.*

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Notice of intention to appear by a notice party

       6.-(1)  The registrar may at any stage of the proceedings give notice of the entry of the reference to any person whose interests appear to be affected by the reference and such person on receipt of such notice may apply to the registrar to be joined as a party to the reference stating -

(a)   his interest in the matter and the grounds upon which he intends to rely;

(b)  whether he intends to appear separately or jointly with some other person;

(c)   whether he intends to call an expert witness;

(d)  an address for service of documents upon him;

and the registrar may then join such person as a party, and shall give notice thereof to all other parties to the proceedings.

       (2)  An application under this rule shall be made to the registrar within 14 days from the date of service of a notice of the entry of reference by the registrar under this rule.

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Time for the institution of proceedings and for steps in connection with proceedings

         7.-(1)  Subject to any statutory provision proceedings in any matter to be determined by the Tribunal shall be instituted within the time prescribed by these rules in respect thereof, and if no time is so prescribed then as soon as reasonably practicable after the day upon which the party making such reference becomes entitled to refer the matter to the Tribunal.

       (2)  Subject to any statutory provision the registrar may, upon an application made under rule 12 enlarge the time for instituting proceedings on such terms as he thinks fit notwithstanding that the application is not made within a prescribed period.

       (3)  The time prescribed by these rules for making any application or serving any notice or taking any step in connection with proceedings may be extended on an application to the registrar under rule 12 and upon such terms as he thinks fit and such extension may be ordered notwithstanding the application for extension of time is not made until after the expiration of the time so prescribed.

       (4)  The time prescribed by these rules for any act or any step in connection with any proceedings my be abridged by the consent in writing of the parties affected by any such abridgment subject to being approved by the registrar upon an application under rule 12, or by the Tribunal.

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Limitation of case and amendment of notice of reference

       8.-(1)  Subject to paragraph (3) a party shall not be entitled at the hearing of any matter to rely upon any ground not stated in his notice of reference except by leave of the Tribunal on such terms as to costs or otherwise as it thinks fit.

       (2)  Subject to paragraph (3) a notice party joined under the provisions of rule 6 shall not be entitled to rely upon any ground not stated in his application to be joined as a party, except by leave of the Tribunal on such terms as to costs or otherwise as it thinks fit.

      (3)  A notice of reference, or an application to be joined as a notice party under rule 6 may be amended by consent in writing of the parties to a reference upon an application to the registrar under rule 12, or by the Tribunal.

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Disclosure of documentary evidence

       9.-(1)  Every party to a reference shall, if so requested by the registrar, furnish to him a list of the maps, plans, documents of title or otherwise, computations, and written, printed, or published material which it is intended to tender in evidence at the hearing, together with a copy of such list for each of the other parties to the proceedings.

       (2)  Subject to paragraph (5) the registrar may call for one or more copies of any item shown on such list or may require information or further or better particulars regarding any such item.

       (3)  The registrar shall send to each party to the proceedings a copy of the list required by this rule and may at his discretion also send a copy of any item or of any information or further and better particulars delivered to him.

       (4)  Subject to paragraph (5) any party to proceedings shall, if so requested by the registrar, furnish to him any document which the Tribunal may require and which it is in that party's power to furnish, and shall, if so directed by the registrar, afford to all other parties to the proceedings an opportunity to inspect any such document and to take a copy thereof.

       (5)  Nothing in this rule shall be deemed to require the delivery of a document or information or particulars which would be privileged in the proceedings or contrary to the public interest to disclose.

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Disclosure and exchange of the evidence of expert witnesses

       10.-(1)  Except as provided by paragraph (3) the Tribunal shall not hear more than one expert witness on valuation, or on any one issue involving expert evidence on behalf of a party.

       (2)  Except where these rules otherwise provide, a party who intends to call an expert witness shall, within 28 days after being so requested by the registrar, send to the registrar with sufficient copies for service upon each of the other parties to the proceedings:-

(a)   a summary of the expert evidence to be given on behalf of such party at the hearing including all computations necessary to his case, and

(b)  a copy of each map, plan, document or material disclosed in any list furnished pursuant to rule 9, and

(c)   where the expert evidence involves a comparison of value with property not the subject of the proceedings, all relevant particulars of the situation, plan, area, and circumstances of that other property.

       (3)  An application for leave to call an additional expert witness or witnesses

(a)   may be allowed by the registrar when made before the exchange of evidence under his rule, or

(b)  may be allowed by the Tribunal before the hearing.

upon such terms as to costs or otherwise as the registrar or the Tribunal thinks fit.

       (4)  The registrar after receiving all the evidence required to be supplied by the parties under paragraph (2) shall send a copy of the evidence thus supplied to each other party who has supplied evidence under paragraph (2).


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Failure to disclose documentary or expert evidence

       11.  Where it appears to the Tribunal at a hearing that any party to proceedings has failed to comply with a request by the registrar under rule 9 or 10, the Tribunal may and, unless it is satisfied that no prejudice to any other party will arise, shall adjourn the hearing and may direct a party in default to supply a copy of any item which should have been listed under rule 9, or any evidence which should have been exchanged under rule 10, and may give such directions and impose such terms as to costs or otherwise as it thinks fit.

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Interlocutory applications

       12.-(1)  Except where these rules otherwise provide, any application for an order or directions of an interlocutory nature in connection with any proceedings shall be made to the registrar.

       (2) The application shall be made in writing and shall state the title of the proceedings and the grounds upon which the application is made.

       (3)  If the application is made with the consent of another party the terms of such consent shall be set forth in writing and signed by or on behalf of all consenting parties.

       (4)  Where any party has not consented to the making of an application a copy of the application shall be served on him and the application shall state that such service has been effected.

       (5)  Any part who objects to the application may, within 7 days after receiving a copy thereof, send written notice of objection to the registrar and to the applicant, and before making any order on the application the registrar shall consider any objections which he may have received and, if so required by any party, shall give all parties an opportunity of appearing before him.

       (6)  When dealing with any application under this rule, the registrar shall have regard, inter alia, to the convenience of the parties and the desirability of limiting so far as practicable the costs of the proceedings, and shall communication his decision in writing to each party thereto.

       (7)  The registrar may, and shall if so required by the applicant or by any party objecting to an application under this rule, refer the application to the President for decision.

       (8)  Any party aggrieved by a decision of the registrar on an application under this rule may appeal to the President by giving notice in writing to the registrar and to every other party within 7 days after receiving notice of the decision or within such further time as may be allowed by the registrar, but an appeal from a decision of the registrar shall not act as a stay or proceedings unless so ordered by the President.

       (9)  The powers and duties of the President under this rule may be exercised and discharged by any member or members of the Tribunal authorised by the President in that behalf.

       (10)  The powers of the registrar under this rule shall include the power to direct by which party or parties to the proceedings the costs of or incidental to or consequent upon an interlocutory application are to be borne, and to direct that all or some part of such costs are to be costs in the cause.

       (11)  Upon the hearing the Tribunal may revoke or vary an interlocutory order as to costs made under this rule.


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Other applications

       13.-(1)  Any application authorised by a statutory provision including these rules to extend or to abridge time or any other application made before the entry of proceedings in the register, shall be made to the registrar and shall be formulated as and deemed to be an interlocutory application, except that no order for costs shall be made by the registrar in respect thereof.

       (2)  Where under these rules any step in proceedings requires the leave of the Tribunal or of the President an application for such leave shall be made in writing to the President stating the relief sought and a copy thereof shall be served on every other party to the proceedings.  The President may order any such application to be heard in open court by any member or members of the Tribunal authorised by him in that behalf.

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Proceedings to be consolidated or heard together

       14.-(1)  Except where otherwise provided by these rules, any party to proceedings before the Tribunal may apply under rule 12 to the registrar for an interlocutory order that such proceedings be consolidated or heard together with other proceedings (whether or not between the same or some of the same or other parties) upon the ground that -

(a)   the dispute or question for determination in the several proceedings is the same, or

(b)  there is a dispute or question for determination which is common to each such proceedings.

       (2)  Upon such application the registrar may -

(a)   order that the proceedings be consolidated or heard together, or

(b)  order that an issue of fact or of law or of mixed fact and law be determined in one or other of the proceedings with the remaining proceedings stayed, or

(c)   with the consent in writing of all the parties thereto, order that the determination in one of the proceedings of the dispute or question or issue shall be binding upon all such parties in their respective proceedings subject to the right of any such consenting party to require the Tribunal to state a case for the decision of the Court of Appeal.

       (3)  In any such proceedings referred to in paragraph (1) the President or the Tribunal may, without any application in that behalf, make an order that the proceedings shall be consolidated or heard together with other proceedings and any such order may be made with respect to some only of the issues or matters involved.

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Preliminary point of law

       15.-(1)  The President may, on the application of any party to any proceedings, order any point of law which appears to be in issue in the proceedings to be disposed of at a preliminary hearing.

       (2)  The provisions of rule 12(2), (3), (4), (5) and (6) shall apply to an application under this rule with the substitution of references to the President for references to the registrar.

Sittings of the Tribunal

       16.-(1)  The Tribunal shall sit at such places as the President may determine.

     (2)  Subject to the provisions of paragraph (3) the registrar shall send to each party to proceedings before the Tribunal a notice informing him of the place, date and time of the hearing, which shall not be earlier than 14 days after the date on which the notice is sent unless the date, place or time for the hearing has been abridged under rule 7(4).

       (3)  Any party to whom notice has been sent under paragraph (2) may apply informally to the registrar for an alteration of the place, date or time for the hearing.

Selection of members of Tribunal

       17.  The President may at any time select another member of the Tribunal in substitution for a member previously selected by him as the Tribunal or as a member of the Tribunal to hear a case or who has been authorised by him to act under rule 12(9) or any other rule.

Procedure at hearing

       18.  Subject to the provisions of these rules and to any direction given by the President, the procedure at the hearing shall be such as the Tribunal may direct.

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Default of appearance at the hearing

       19.-(1)  Subject to paragraph (2) if the party who instituted the proceedings does not appear at the time and place appointed for the hearing the Tribunal may dismiss or adjourn the proceedings upon such terms as to costs as it may think fit, and if any other party to the proceedings does not appear at such time and place the Tribunal may hear and determine the matter in his absence and may make such order as to costs as it thinks fit.

       (2)  Where proceedings have been dismissed or determined under this rule the Tribunal upon an application made by the absentee within 21 days from the order of the Tribunal, may, if satisfied that there was reasonable cause for such absence, set aside such dismissal or determination and re-enter the matter for hearing upon such terms as to costs or otherwise as it thinks fit.

Evidence

       20.-(1)  Evidence before the Tribunal shall be given orally or, if the parties to the proceedings consent or the President or the Tribunal so directs, by affidavit, but the Tribunal may at any stage of the proceedings make an order requiring the personal attendance of any deponent for examination and cross-examination.

       (2)  The provisions of rule 12(2), (3), (4), (5) and (6), shall apply to an application to the President or Tribunal for leave to give evidence by affidavit, with the substitution of references to the President or the Tribunal for references to the registrar.

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Attendance of witnesses

       21.  Any party to proceedings may exercise his right to sue out a writ of subpoena ad testificandum, or a writ of subpoena duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action in the High Court of Justice in Northern Ireland.

Administration of oaths

       22.-(1)  Evidence before the Tribunal or the President at the hearing of any proceedings shall be on oath or affirmation unless otherwise directed.

     (2) The registrar shall have power to administer oaths and take affirmations.

Tribunal to sit in public

       23.  The Tribunal shall sit in public except where it is acting as arbitrator under a reference by consent, or where it is provided under these rules that the Tribunal may sit in camera.

Right of audience

       24.  In any proceedings a party may appear and be heard either in person, or by counsel or solicitor, or by any other person allowed by leave of the Tribunal (or by leave of the President or the registrar in the case of an interlocutory application) to appear on behalf of a party.

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Assessors

       25.-(1)  If it appears to the President that any case before or coming before the Tribunal calls for special knowledge and that it would be desirable for the Tribunal to sit with an assessor or assessors, he may direct that the Tribunal shall hear the case with the aid of such person or persons as he may, after any consultations, appoint as assessor or assessors.

       (2)  The remuneration to be paid to an assessor appointed under this rule shall be such as the President may, with the approval of the Department, determine.

View of land

       26.-(1)  The Tribunal may enter on and inspect any land which is the subject of proceedings before the Tribunal and, so far as may be practicable, any comparable land to which the attention of the Tribunal may be directed.

       (2)  The Tribunal shall give notice to the parties of its intention to inspect any land and the parties and their expert witnesses shall be entitled to attend the inspection.

       (3)  Where the Tribunal considers such attendance unnecessary or undesirable, it may, without prejudice to its powers under rule 33(1), disallow the costs of such attendance.

Interim awards

       27.  Subject to any statutory provision the Tribunal in any proceedings may make an interim award and every reference by consent under section 6(6) of the Act shall unless a contrary intention is expressed therein be deemed to contain a provision that the Tribunal may make such interim award.

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Decision of Tribunal

       28.-(1)  The decision of the Tribunal shall be given in writing together with a statement of the Tribunal's reasons for its decision.

       Provided that the Tribunal may give its decision and its reasons orally in cases where it is satisfied that no injustice or inconvenience to the parties would be occasioned by its so doing.

       (2)  The decisions of the Tribunal shall be published in such manner as the President considers appropriate.

     (3)   Where an amount awarded or value determined by the Tribunal is dependant upon the decision of the Tribunal on a preliminary point of law which is in dispute in the proceedings, the Tribunal shall ascertain, and shall state in its decision, the alternative amount or value which it would have awarded or determined if it had decided otherwise on the question of law.

       (4)  The registrar shall send a copy of the decision (or, where the decision was given orally, a statement of its effect) to every party who appeared before the Tribunal, and to the Department (if any) responsible for administering the statutory provision by virtue of which the proceedings before the Tribunal were instituted.

       (5)  The Tribunal shall have power to correct any clerical or mathematical mistake, or error arising from an accidental slip or omission in any decision, including an order as to costs, at any time before a case stated by the Tribunal pursuant to section 8(6) of the Act has been perfected.

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Appeal by way of case stated

       29.-(1)  An application by or on behalf of a person aggrieved by a decision of the Tribunal for a case stated upon a point of law for the decision of the Court of appeal shall be made by lodging with the registrar-

(a)   within 7 days from the date of the order of the Tribunal, an application in writing stating the point of law upon which the applicant wishes to have the decision of the Court of Appeal, and

(b)  within a further 14 days, a draft case, so that the case may be perfected within the time prescribed by rules of court.

       (2)  If upon an appeal by way of case stated any directions are given for the amendment of any decision of the Tribunal, the amendments shall be made by the Tribunal accordingly and the registrar shall send copies of the amended decision to all persons to whom copies of the original decision were sent.

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Interest on awards

       30.  Section 17 of the Arbitration Act (Northern Ireland) 1937 [4] (which provides for the payment and rate of interest on sums awarded under that Act) shall apply to every sum awarded by the Tribunal except a sum which carries interest from such date and at such rate as may be fixed by or prescribed under any other statutory provision.

Sealed offers

       31.-(1)  An unconditional offer of any sum or of readiness to accept any sum as compensation shall not be disclosed to the Tribunal until it has decided upon the amount of compensation to be awarded to the party to or by whom the offer was made, but a copy of the offer enclosed in a sealed cover and marked plainly "unconditional offer" may be send to the registrar or delivered to the Tribunal at the hearing by the party who made the offer and shall be opened by the Tribunal after it has decided upon the amount of the compensation.

       (2)  Where the only issue in proceedings is or becomes the determination by the Tribunal of a price, valuation (other than a valuation for rating purposes), rent, royalty or sum of money, or the apportionment of a price, such valuation, rent, royalty or sum of money, a party to the proceedings may make an unconditional offer of readiness to agree to a specified amount and may send or deliver a copy of his sealed offer and marked in the same manner as in paragraph (1), and which shall be opened by the Tribunal after it has made its determination.

       (3)  Subject to any statutory provision an unconditional offer made in accordance with paragraph (1) or (2) shall be taken into account by the Tribunal on the issue of costs.

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Consent orders

       32.  Where the parties to any proceedings have agreed upon the terms of any order to be made by the Tribunal, particulars of the terms, signed by all the parties or by their solicitors or agents, shall be sent to the registrar, and an order may be made by the Tribunal in accordance with such terms in the absence of the parties, unless the Tribunal for any reason requires their attendance.

Costs

       33.-(1)  Except in so far as section 5(1), (2) or (3) of the Acquisition of Land (Assessment of Compensation) Act 1919[5] applies and subject to paragraph (3) the costs of and incidental to any proceedings shall be in the discretion of the Tribunal, or the President in matters within his jurisdiction as President.

       (2)  If the Tribunal orders that the costs of a party to the proceedings shall be paid by another party thereto, the Tribunal may settle the amount of the costs by fixing a lump sum or may direct that the costs shall be taxed by the registrar on a scale specified by the Tribunal, being a scale of costs for the time being prescribed by rules of court or by county court rules.

       (3)  Any party dissatisfied with a taxation of costs by the registrar may, within 7 days of the taxation, serve on any other party interested therein and on the registrar objection in writing specifying the times objected to and the grounds of objection and asking for the taxation to be reviewed in respect of such items.

       (4)  Upon such application, the registrar shall review his taxation of the items objected to and shall state in writing the reasons for his decision thereon.

       (5)  Any party dissatisfied with a decision of the registrar under paragraph (4) may, within 10 days of the decision, apply to the President to review the taxation, and the Present may thereupon make such order as he thinks just, including an order as to the payment of the costs of the review, but the taxation by the registrar shall be final in respect of all matters to which objections shall not have been taken.

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Withdrawal of reference etc

       34.-(1)  A reference instituting proceedings or any application, notice or counter notice under these rules may be withdrawn by sending to the registrar a written notice of withdrawal signed by all the parties to the proceedings or by their solicitors or agents.

     (2) In the absence of consent to a proposed withdrawal by all the parties to the proceedings, a party wishing to withdraw his notice of reference or application, notice or counter notice under these rules shall apply in writing to the registrar under the provisions of rule 12 and the registrar, or the President on appeal from the registrar, may permit such withdrawal on such terms as to costs or otherwise as he may think fit.

Certificate of value

       35.  An application for a certificate of value under section 9 of the Acquisition of Land (Assessment of Compensation) Act 1919 shall be made in writing to the registrar, and the parties to the sale may be required to furnish to the registrar such information and particulars including particulars of transactions alleged to be comparable as will enable the certificate to be given.

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Service of notices

       36.  Any notice or other document required or authorised to be served for the purpose of these rules shall be sent by registered post or recorded delivery provided that any notice or other document required or authorised to be served on the registrar may be delivered by hand to him at the office.

Change of address or name

       37.  Any party to any proceedings may at any time by notice in writing to the registrar and to all other parties to those proceedings change his address for service under these rules, or may in similar manner given notice of any change of name.

Failure to comply with rules

       38.-(1) Non-compliance with any of the provisions of these rules shall not render the proceedings or anything done in pursuance thereof invalid, unless the President or the Tribunal so directs.

       (2)  No application for a direction under this rule shall be allowed unless made within a reasonable time, nor if the party applying has taken any fresh step after knowledge of such non-compliance.

       (3)  Without prejudice to paragraph (2) the registrar may treat proceedings, or anything done under these rules as valid notwithstanding non-compliance with the provisions of these rules, and many require a party in default to make good as far as may be practicable his failure to comply with a particular rule.

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Delay in proceedings

       39.-(1)  Where upon the application of a party it appears to the registrar that there has been undue delay in bringing proceedings to a hearing before the Tribunal or default in complying with any provisions of these rules the registrar may request any party to the proceedings to submit proposals for the completion of any procedural steps in the matter.

       (2)  The registrar may list any proceedings to be mentioned before the President or the Tribunal to enable one or other or more than one of the parties to apply for such order as may appear to be necessary to fix the place, date and time for hearing of the matter in dispute, or to have the proceedings stayed or struck out.

       (3)  In any proceedings to which paragraphs (1) or (2) apply the President or the Tribunal may make an order putting one or other or more than one of the parties on terms for the further conduct of the proceedings (including terms as to costs) or may order the proceedings to be stayed or struck out, upon such terms as may seem fit.


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Fees

       40.-(1)  The fees specified in Schedule 2 shall be paid to the registrar in respect of the matters mentioned in the said Schedule and payment shall be evidence by means of stamps impressed on the notice, application or other document therein mentioned or on any order or award of the Tribunal.

       Provided that, when the facility of stamping is withdrawn on 31st March 1977 or such other date as may be prescribed, payment of fees may be made by remittance in the form of a postal order or cheque payable to the Lands Tribunal of Northern Ireland, and such a payment shall be evidenced by a receipt in writing by the registrar for the amount remitted.

       (2)  A document sent to the registrar for stamping shall be accompanied by a remittance in accordance with the directions set forth in Schedule 2.

       (3)  A hearing fee shall, unless the Tribunal otherwise directs, be payable by the party by whom the proceedings were instituted, without prejudice to his right to recover the amount of the fee from any other party by virtue of an order as to costs.

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Substituted service

       41.  If any person to whom any notice or other document is required to be sent for the purpose of these rules cannot be found, or has died and has no personal representative, or is out of Northern Ireland, or if for any other reason service upon such person cannot be readily effected in accordance with these rules, the President or the Tribunal may dispense with service upon such person or may make an order for substituted service upon such other person or in such other form (whether by advertisement in a newspaper or otherwise) as the President or the Tribunal may think fit.

Transitional provisions

       42.  Where before the date on which these rules come into operation proceeding have been commenced under any of the rules revoked by rule 43, and the hearing has not been begun at that date, anything done for the purpose of those proceedings shall be treated as if it has been done under these rules, so that the President, the Tribunal and the registrar shall respectively be entitled to exercise any power under these rules in relation to such proceedings.

Revocation of previous rules

       43.  The rules specified in Schedule 3 are hereby revoked.


 

[1] S.I. 1972/1633 (N.I. 16)

[2] 1970 c. 9

[3]1954 c. 33 (N.I.)

* Inserted by 1977 No 73 w.e.f 01.04.97

* Inserted by 1997 No 73 w.e.f. 01.04.97

[4] 1937 c. 8 (N.I.)

[5] 9 & 10 Geo. 5. c. 57

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