|
| |
| |
Loss payments | |
74 Basic loss payment | |
(1) After section 33 of the Land Compensation Act 1973 (c. 26) (home loss | |
payments for certain caravan dwellers) there is inserted the following | |
section— | 5 |
“Other loss payments | |
33A Basic loss payment | |
(1) This section applies to a person— | |
(a) if he has a qualifying interest in land, | |
(b) if the interest is acquired compulsorily, and | 10 |
(c) to the extent that he is not entitled to a home loss payment in | |
respect of any part of the interest. | |
(2) A person to whom this section applies is entitled to payment of | |
whichever is the lower of the following amounts— | |
(a) 7.5% of the value of his interest; | 15 |
(b) £75,000. | |
(3) A payment under this section must be made by the acquiring authority. | |
(4) An interest in land is a qualifying interest if it is a freehold interest or | |
an interest as tenant and (in either case) it subsists for a period of not | |
less than one year ending with whichever is the earliest of— | 20 |
(a) the date on which the acquiring authority takes possession of | |
the land under section 11 of the Compulsory Purchase Act 1965 | |
(entry to take possession of land); | |
(b) the date on which the acquiring authority enters the land if it | |
proceeds under Schedule 3 to that Act; | 25 |
(c) the vesting date (within the meaning of the Compulsory | |
Purchase (Vesting Declarations) Act 1981) if a declaration is | |
made under section 4 of that Act (general vesting declaration); | |
(d) the date on which compensation is agreed between the person | |
and the acquiring authority; | 30 |
(e) the date on which the amount of compensation is determined | |
by the Lands Tribunal. | |
(5) The compulsory acquisition of an interest in land includes acquisition | |
of the interest in consequence of the service of— | |
(a) a purchase notice under section 137 of the Town and Country | 35 |
Planning Act 1990 (right to require purchase of certain | |
interests); | |
(b) a notice under section 150 of that Act (purchase of blighted | |
land). | |
(6) The value of an interest is its value for the purpose of deciding the | 40 |
amount of compensation payable in respect of the acquisition; but this | |
is subject to subsections (7) and (8). | |
| |
| |
|
| |
| |
(7) 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 | |
of the whole interest less the value of so much of the interest as is | |
represented by the dwelling. | |
(8) If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent | 5 |
reinstatement) applies for the purpose of assessing the amount of | |
compensation the value of the interest is nil.” | |
(2) Section 33A of the Land Compensation Act 1973 (c. 26) (as inserted by | |
subsection (1) above) does not apply in relation to the acquisition of any | |
interest in land by means of a compulsory purchase order made or made in | 10 |
draft before the commencement of this section. | |
75 Occupier’s loss payment | |
(1) After section 33A of the Land Compensation Act 1973 (inserted by section 74 | |
of this Act) there are inserted the following sections— | |
“33B Occupier’s loss payment: agricultural land | 15 |
(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, | |
(c) the interest is acquired compulsorily, and | 20 |
(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; | |
(b) the land amount; | 25 |
(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. | |
(5) The value of an interest is its value for the purpose of deciding the | 30 |
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 | |
of the whole interest less the value of so much of the interest as is | 35 |
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. | |
(8) The land amount is the greater of £300 and the amount found in | 40 |
accordance with the following Table— | |
| |
| |
|
| |
| |
| | Area of the land | Amount per hectare | | | | | Not exceeding 100 hectares | £100 per hectare or part of | | | | | | a hectare | | | | | Exceeding 100 hectares | (a) £100 per hectare | | | | | | for the first 100 | | 5 | | | | hectares; | | | | | | (b) £50 per hectare for | | | | | | the next 300 | | | | | | hectares or part of | | | | | | a hectare. | | 10 |
|
(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. | |
33C Occupier’s loss payment: other land | |
(1) This section applies to a person if— | 15 |
(a) he has a qualifying interest in land for the purposes of section | |
33A, | |
(b) the land is not agricultural land, | |
(c) the interest is acquired compulsorily, and | |
(d) he occupied the land for the period specified in section 33A(4). | 20 |
(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; | |
(b) the land amount; | |
(c) the buildings amount. | 25 |
(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. | |
(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 | 30 |
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 | |
of the whole interest less the value of so much of the interest as is | |
represented by the dwelling. | 35 |
(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. | |
(8) The land amount is the greater of— | |
(a) £2,500; | 40 |
| |
| |
|
| |
| |
(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 | |
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 | 5 |
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 | |
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 | 10 |
the commencement of this section. | |
76 Loss payments: exclusions | |
(1) After section 33C of the Land Compensation Act 1973 (inserted by section 75 of | |
this Act) there is inserted the following section— | |
“33D Loss payments: exclusions | 15 |
(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, | |
(c) at the relevant time the notice has effect or is operative, and | 20 |
(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 | |
on him in relation to the land mentioned in that section, and | 25 |
(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— | |
(a) notice under section 215 of the Town and Country Planning Act | 30 |
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 | |
dwelling etc. in state of disrepair); | 35 |
(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— | |
(a) an order under section 264 of the Housing Act 1985 (closure of | 40 |
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 | |
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 | 5 |
Act. | |
(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 | 10 |
subsection (4) or (5) of that section if the notice or copy of the order was served | |
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 | 15 |
of this Act) there are inserted the following sections— | |
“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. | 20 |
(3) The claim must give such particulars as the authority may reasonably | |
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 | 25 |
recover a payment must be taken to have accrued— | |
(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. | 30 |
33F Insolvency | |
(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 | 35 |
mentioned in subsection (1)— | |
(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 | 40 |
company or a partnership. | |
(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); | |
(c) proceedings for the winding up of a partnership. | 5 |
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). | |
(2) A claim may be made by a person who— | 10 |
(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 | |
ground mentioned in subsection (3). | 15 |
(3) The grounds are— | |
(a) a testamentary disposition; | |
(b) the law of intestate succession; | |
(c) the right of survivorship between joint tenants. | |
33H Agricultural land: dual entitlement | 20 |
(1) This section applies if a person is entitled in respect of the same interest | |
in agricultural land to a payment both— | |
(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 | 25 |
compulsory acquisition of agricultural holding). | |
(2) Payment may be made in respect of only one entitlement. | |
(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 | 30 |
(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. | |
(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); | 35 |
(b) the last day of the period of three months beginning with the | |
day the claim is made; | |
(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— | 40 |
(a) the date the person is displaced from the land; | |
| |
| |
|
| |
| |
(b) the last day of the period of three months beginning with the | |
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 | 5 |
(the claimant). | |
(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 | 10 |
payment required must be repaid by the claimant to the | |
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 | 15 |
paid at the rate prescribed by regulations under section 32 of the Land | |
Compensation Act 1961. | |
(7) Interest accrues from the date specified in paragraph (a) of subsection | |
(2) or (3) (as the case may be). | |
(8) The authority may, at the request of the person entitled to the payment, | 20 |
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 | |
of section 33A is acquired by agreement by an authority which | 25 |
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. | |
(2) The authority may make a payment to the person of an amount equal | 30 |
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. | |
(2) The Secretary of State may by regulations substitute for any amount or | 35 |
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 | |
House of Parliament. | 40 |
(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; | |
| |
| |
|
