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Part VIII

PART VIII

REFERENCES AND APPLICATION UNDER MISCELLANEOUS STATUTORY PROVISIONS

F1.      Application of Part

F2.      Institution of proceedings

F3.      Entry of reference

F4.      Statement of interest

F5.      Hearing fee

F6.      Entry fee exemption

PART VIII

REFERENCES AND APPLICATIONS UNDER MISCELLANEOUS

STATUTORY PROVISIONS

Application of Part VIII

       F1.  This Part applies to a reference or application to the Tribunal -

       (1) under section 216 of the Public Health (Ireland) Act 1878q for the determination of any matter authorised or directed by that Act to be settled by arbitration, other than a dispute as to compensation;

       (2) under the Petroleum (Production) Act (Northern Ireland) 1964r with respect to the acquisition under section 3 of that Act of an ancillary right in connection with the exercise of rights under that Act, or with respect to compensation under sections 4 to 6 of that Act in the form of a share of royalties with respect to compensation under section 7 of that Act in relation to a petroleum well;  or for an apportionment of a royalty or profit under section 11 of that Act;

     (3)  under section 39 of the Mineral Development Act (Northern Ireland) 1969s for an award prohibiting, restricting or terminating certain operations on land, or under section 40 of that Act for an award imposing prohibitions or restrictions on the working of minerals, or under subsection (3) of section 54 of that Act for the determination of the maximum amounts repayable under subsections (1) and (2) of that section;

       (4)  under the Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971t regarding the acquisition by a lessee of the freehold interest in the land subject to his lease, or the extension of his lease or the redemption of his rent by a grantee of a fee farm rent, or any dispute within section 24 of that Act;

       (5)  under section 6 of the Planning and Land Compensation Act (Northern Ireland) 1971u for a declaration as to the validity of a blight notice, or for the leave of the Tribunal under section 13(2)(b) of that Act to apply for a certificate of alternative development;

       (6)  under paragraph 11 of Schedule 6 of the Local Government Act (Northern Ireland) 1972[1] for the determination of a question relating to the apportionment or redemption of any annuity under the Land Purchase Acts;

       (7)  under Article 73 of the Planning (Northern Ireland) Order 1972[2] for the determination by the Tribunal of the validity of objections to a purchase notice requiring a statutory authority or a public body to purchase the interest in land of a person serving such a notice and for a declaration as to the validity of the purchase notice;

       (8)  under Article 18 of the Land Acquisition and Compensation (Northern Ireland) Order 1973[3] for the determination of disputes other than disputes relating to claims for compensation;

       (9)  under Article 5 of the Drainage (Northern Ireland) Order 1973[4] for a review of a determination made by the Drainage Council;

       (10)  under any other statutory provision (whether passed or made before or after the coming into operation of these rules) for which no other provision has been made by rules under section 9 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 or section 21(1) of the Interpretation Act (Northern Ireland) 1954.

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Institution of proceedings

       F2.  Proceedings under this Part shall be instituted by the applicant serving on the registrar a notice of reference in duplicate in accordance with Form F. Where no other period of time has been prescribed by statutory provisions the proceedings shall be instituted within 30 days from the date upon which the applicant first became entitled to refer the matter, question or dispute for the determination of the Tribunal or within such longer time as the registrar on an application under rule 7 of the General Rules, may allow.

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Entry of reference

       F3.  If the registrar is satisfied that the particulars given in the notice of reference are sufficient to identify the subject matter referred and the relief sought he shall enter the matter in accordance with rule 5 of the General Rules, and shall send to every person appearing to him to have an interest in the matter, question or dispute a copy of the reference informing each such person that he may become a party to the proceedings by giving notice of his intention to appear and stating the particulars required by rule 6 of the General Rules.

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Statement of interest

       F4.  Where a person is required by a statutory provision to have a particular qualifying interest before he is entitled to refer a matter for the determination of the Tribunal, or is entitled to be a party to proceedings before the Tribunal, his notice of reference or notice of intention to appear shall show that he has such qualifying interest.

Fees

       F5.  The hearing fee in respect of a dispute which does not wholly fall within item 9(a) or (b) of Schedule 2 shall be charged under item 9(c) and the Tribunal may direct payment of a separate hearing fee in respect of any issue in dispute and upon which it makes an award as to the assessment of a value for land or of a rent, royalty or annual payment or an apportionment of any such value, rent, royalty or annual payment and in determining the amount of any such separate hearing fee the Tribunal shall have regard to the fees payable under item 9(a) or (b).

       [Provided that no hearing fee shall be payable under Schedule 2 in respect of any appeal to the Tribunal under the Finance Act 1975, Schedule 4, paragraph 7(4).

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Entry fee exception

            F6.  No entry fee shall be payable in respect of an appeal referred to in the proviso to rule F5.]1

q 1878 c. 52

r1964 c. 28 (N.I.)

s 1969 c. 35 (N.I.)

t1971 c. 7 (N.I.)

u 1971 c. 23 (N.I.)

[1] 1972 c. 9 (N.I.)

[2] S.I. 1972 /1634 (N.I. 17)

[3] S.I. 1973/1896 (N.I. 21)

[4] S.I. 1973/69 (N.I. 1)

1Revoked by 1977/354 - w.e.f. 01.02.78