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“33B Occupier’s loss payment: agricultural land | |
(1) This section applies to a person if— | |
(a) he has a qualifying interest in land for the purposes of section | |
33A, | |
(b) the land is agricultural land, | 5 |
(c) the interest is acquired compulsorily, and | |
(d) he occupied the land for the period specified in section 33A(4). | |
(2) A person to whom this section applies is entitled to a payment of | |
whichever is the greatest of the following amounts— | |
(a) 2.5% of the value of his interest; | 10 |
(b) the land amount; | |
(c) the buildings amount. | |
(3) But the maximum amount which may be paid to a person under this | |
section in respect of an interest in land is £25,000. | |
(4) A payment under this section must be made by the acquiring authority. | 15 |
(5) The value of an interest is its value for the purpose of deciding the | |
amount of compensation payable in respect of the acquisition; but this | |
is subject to subsections (6) and (7). | |
(6) If an interest consists partly of a dwelling in respect of which the person | |
is entitled to a home loss payment the value of the interest is the value | 20 |
of the whole interest less the value of so much of the interest as is | |
represented by the dwelling. | |
(7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent | |
reinstatement) applies for the purpose of assessing the amount of | |
compensation the value of the interest is nil. | 25 |
(8) The land amount is the greater of £300 and the amount found in | |
accordance with the following Table— | |
| | Area of the land | Amount per hectare | | | | | Not exceeding 100 hectares | £100 per hectare or part of | | | | | | a hectare | | 30 | | | Exceeding 100 hectares | (a) £100 per hectare | | | | | | for the first 100 | | | | | | hectares; | | | | | | (b) £50 per hectare for | | | | | | the next 300 | | 35 | | | | hectares or part of | | | | | | a hectare. | | |
|
(9) The buildings amount is £25 per square metre (or part of a square | |
metre) of the gross floor space of any buildings on the land. | |
(10) The gross floor space must be measured externally. | 40 |
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33C Occupier’s loss payment: other land | |
(1) This section applies to a person if— | |
(a) he has a qualifying interest in land for the purposes of section | |
33A, | |
(b) the land is not agricultural land, | 5 |
(c) the interest is acquired compulsorily, and | |
(d) he occupied the land for the period specified in section 33A(4). | |
(2) A person to whom this section applies is entitled to a payment of | |
whichever is the greatest of the following amounts— | |
(a) 2.5% of the value of his interest; | 10 |
(b) the land amount; | |
(c) the buildings amount. | |
(3) But the maximum amount which may be paid to a person under this | |
section in respect of an interest in land is £25,000. | |
(4) A payment under this section must be made by the acquiring authority. | 15 |
(5) The value of an interest is its value for the purpose of deciding the | |
amount of compensation payable in respect of the acquisition; but this | |
is subject to subsections (6) and (7). | |
(6) If an interest consists partly of a dwelling in respect of which the person | |
is entitled to a home loss payment the value of the interest is the value | 20 |
of the whole interest less the value of so much of the interest as is | |
represented by the dwelling. | |
(7) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent | |
reinstatement) applies for the purpose of assessing the amount of | |
compensation the value of the interest is nil. | 25 |
(8) The land amount is the greater of— | |
(a) £2,500; | |
(b) £2.50 per square metre (or part of a square metre) of the area of | |
the land. | |
(9) But if only part of land in which a person has an interest is acquired, for | 30 |
the figure specified in subsection (8)(a) there is substituted £300. | |
(10) The buildings amount is £25 per square metre (or part of a square | |
metre) of the gross floor space of any buildings on the land. | |
(11) The gross floor space must be measured externally.” | |
(2) Sections 33B and 33C of the Land Compensation Act 1973 (c. 26) (as inserted by | 35 |
subsection (1) above) do not apply in relation to the acquisition of any interest | |
in land by means of a compulsory purchase order made or made in draft before | |
the commencement of this section. | |
76 Loss payments: exclusions | |
(1) After section 33C of the Land Compensation Act 1973 (inserted by section 75 of | 40 |
this Act) there is inserted the following section— | |
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“33D Loss payments: exclusions | |
(1) This section applies to a person if— | |
(a) he is a person to whom section 33A, 33B or 33C applies, | |
(b) a notice falling within subsection (4) has been served on him in | |
relation to the land mentioned in that section, | 5 |
(c) at the relevant time the notice has effect or is operative, and | |
(d) he has failed to comply with any requirement of the notice. | |
(2) This section also applies to a person if— | |
(a) he is a person to whom section 33A, 33B or 33C applies, | |
(b) a copy of an order falling within subsection (5) has been served | 10 |
on him in relation to the land mentioned in that section, and | |
(c) the order has not been quashed on appeal. | |
(3) No payment may be made under section 33A, 33B or 33C to a person to | |
whom this section applies. | |
(4) These are the notices— | 15 |
(a) notice under section 215 of the Town and Country Planning Act | |
1990 (power to require proper maintenance of land); | |
(b) notice under section 189 of the Housing Act 1985 (requirement | |
to repair dwelling etc. unfit for human habitation); | |
(c) notice under section 190 of that Act (requirement to repair | 20 |
dwelling etc. in state of disrepair); | |
(d) notice under section 48 of the Planning (Listed Buildings and | |
Conservation Areas) Act 1990 (repairs notice prior to | |
compulsory notice of acquisition of listed building). | |
(5) These are the orders— | 25 |
(a) an order under section 264 of the Housing Act 1985 (closure of | |
dwelling etc. unfit for human habitation); | |
(b) an order under section 265 of that Act (demolition of dwelling | |
etc. unfit for human habitation). | |
(6) The relevant time is the time at which the compulsory purchase order | 30 |
in relation to the person’s interest in the land— | |
(a) is confirmed, in the case of an order falling within section 2(2) of | |
the Acquisition of Land Act 1981 (procedure for authorisation); | |
(b) is made, in the case of an order falling within section 2(3) of that | |
Act. | 35 |
(7) The Secretary of State may by regulations amend subsections (4) and | |
(5).” | |
(2) Section 33D of the Land Compensation Act 1973 (c. 26) (as inserted by | |
subsection (1) above) does not apply in relation to a notice or order specified in | |
subsection (4) or (5) of that section if the notice or copy of the order was served | 40 |
on a person to whom that section applies before the commencement of this | |
section. | |
77 Loss payments: supplementary | |
After section 33D of the Land Compensation Act 1973 (inserted by section 76 | |
of this Act) there are inserted the following sections— | 45 |
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“33E Claims | |
(1) This section applies for the purposes of sections 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 | 5 |
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 Act 1980 a person’s right of action to | |
recover a payment must be taken to have accrued— | 10 |
(a) in the case of a claim under section 33A on the last day of the | |
period specified in subsection (4) of that section; | |
(b) in the case of a claim under section 33B or 33C on the date of his | |
displacement from the land. | |
33F Insolvency | 15 |
(1) This section applies if a person is entitled to a payment under section | |
33A, 33B or 33C but before a claim is made under section 33E | |
insolvency proceedings are started in relation to the person. | |
(2) Any of the following may make a claim instead of the person | |
mentioned in subsection (1)— | 20 |
(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. | 25 |
(3) Insolvency proceedings are— | |
(a) proceedings in bankruptcy; | |
(b) proceedings under the Insolvency Act 1986 for the winding up | |
of a company or an unregistered company (including voluntary | |
winding up of a company under Part 4 of that Act); | 30 |
(c) proceedings for the winding up of a partnership. | |
33G Death | |
(1) This section applies if a person is entitled to a payment under section | |
33A, 33B or 33C but before a claim is made under section 33E the person | |
dies (the deceased). | 35 |
(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 deceased is displaced from the land, | |
and | |
(b) is entitled to benefit on the death of the deceased by virtue of a | 40 |
ground mentioned in subsection (3). | |
(3) The grounds are— | |
(a) a testamentary disposition; | |
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(b) the law of intestate succession; | |
(c) the right of survivorship between joint tenants. | |
33H Agricultural land: dual entitlement | |
(1) This section applies if a person is entitled in respect of the same interest | |
in agricultural land to a payment both— | 5 |
(a) under section 33B of this Act, and | |
(b) by virtue of section 12(1) of the Agriculture (Miscellaneous | |
Provisions) Act 1968 (additional payments in consequence of | |
compulsory acquisition of agricultural holding). | |
(2) Payment may be made in respect of only one entitlement. | 10 |
(3) If the person makes a claim under both provisions he must be paid in | |
respect of the entitlement which produces the greater amount. | |
33I Payment | |
(1) Any dispute as to the amount of a payment to be made under section | |
33A, 33B or 33C must be determined by the Lands Tribunal. | 15 |
(2) The acquiring authority must make any payment required by section | |
33A not later than whichever is the latest of the following dates— | |
(a) the last day of the period specified in section 33A(4); | |
(b) the last day of the period of three months beginning with the | |
day the claim is made; | 20 |
(c) the day on which the amount of the payment is determined. | |
(3) The authority must make any payment required by section 33B or 33C | |
not later than whichever is the latest of the following dates— | |
(a) the date the person is displaced from the land; | |
(b) the last day of the period of three months beginning with the | 25 |
day the claim is made; | |
(c) the day on which the amount of the payment is determined. | |
(4) If paragraph (c) of subsection (2) or (3) applies the authority may at any | |
time make a payment in advance to the person entitled to a payment | |
(the claimant). | 30 |
(5) If when the value of the interest is agreed or determined the amount of | |
a payment made under subsection (4) differs from the payment | |
required by section 33A, 33B or 33C— | |
(a) the amount by which the advance payment exceeds the | |
payment required must be repaid by the claimant to the | 35 |
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 prescribed by regulations under section 32 of the Land | 40 |
Compensation Act 1961. | |
(7) Interest accrues from the date specified in paragraph (a) of subsection | |
(2) or (3) (as the case may be). | |
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(8) The authority may, at the request of the person entitled to the payment, | |
make a payment on account of the interest mentioned in subsection (6). | |
33J Acquisition by agreement | |
(1) This section applies if— | |
(a) an interest in land which is a qualifying interest for the purpose | 5 |
of section 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 section 33A, 33B or 33C if the interest is | |
acquired compulsorily. | 10 |
(2) The authority may make a payment to the person of an amount equal | |
to the amount they would be required to pay if the interest is acquired | |
compulsorily. | |
33K Regulations | |
(1) This section applies for the purposes of sections 33A to 33I. | 15 |
(2) The Secretary of State may by regulations substitute for any amount or | |
percentage figure specified in these sections such other amount or | |
percentage figure (as the case may be) as he thinks fit. | |
(3) A power to make regulations must be exercised by statutory | |
instrument subject to annulment in pursuance of a resolution of either | 20 |
House of Parliament. | |
(4) In relation to Wales— | |
(a) a power to make regulations conferred on the Secretary of State | |
must be construed as a power conferred on the National | |
Assembly for Wales; | 25 |
(b) subsection (3) must be ignored.” | |
Part 8 | |
Miscellaneous and general | |
Miscellaneous | |
78 Validity of strategies, plans and documents | 30 |
(1) This section applies to— | |
(a) a revision of the regional spatial strategy; | |
(b) the Wales Spatial Plan; | |
(c) a local development document; | |
(d) a local development plan; | 35 |
(e) a revision of a document mentioned in paragraph (b), (c) or (d); | |
(f) the Mayor of London’s spatial development strategy; | |
(g) an alteration or replacement of the spatial development strategy, | |
and anything falling within paragraphs (a) to (g) is referred to in this section as | |
a relevant document. | 40 |
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(2) A relevant document must not be questioned in any legal proceedings except | |
in so far as is provided by the following provisions of this section. | |
(3) A person aggrieved by a relevant document may make an application to the | |
High Court on the ground that— | |
(a) the document is not within the appropriate power; | 5 |
(b) a procedural requirement has not been complied with. | |
(4) But the application must be made not later than the end of the period of six | |
weeks starting with the relevant date. | |
(5) The High Court may make an interim order suspending the operation of the | |
relevant document— | 10 |
(a) wholly or in part; | |
(b) generally or as it affects the property of the applicant. | |
(6) Subsection (7) applies if the High Court is satisfied— | |
(a) that a relevant document is to any extent outside the appropriate | |
power; | 15 |
(b) that the interests of the applicant have been substantially prejudiced by | |
a failure to comply with a procedural requirement. | |
(7) The High Court may quash the relevant document— | |
(a) wholly or in part; | |
(b) generally or as it affects the property of the applicant. | 20 |
(8) An interim order has effect until the proceedings are finally determined. | |
(9) The appropriate power is— | |
(a) Part 1 of this Act in the case of a revision of the regional spatial strategy; | |
(b) section 54 above in the case of the Wales Spatial Plan or any revision of | |
it; | 25 |
(c) Part 2 of this Act in the case of a local development document or any | |
revision of it; | |
(d) sections 56 to 72 above in the case of a local development plan or any | |
revision of it; | |
(e) sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in | 30 |
the case of the spatial development strategy or any alteration or | |
replacement of it. | |
(10) A procedural requirement is a requirement under the appropriate power or | |
contained in regulations or an order made under that power which relates to | |
the adoption or approval of a relevant document. | 35 |
(11) References to the relevant date must be construed as follows— | |
(a) for the purposes of a revision of the regional spatial strategy, the date | |
when the Secretary of State publishes the revised strategy under section | |
8(6) above; | |
(b) for the purposes of the Wales Spatial Plan (or a revision of it), the date | 40 |
when it is approved by the National Assembly for Wales; | |
(c) for the purposes of a local development document (or a revision of it), | |
the date when it is adopted by the local planning authority or approved | |
by the Secretary of State (as the case may be); | |
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