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(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— | |
(a) in the case of a claim under section 33A on the last day of the | |
period specified in subsection (4) of that section; | 5 |
(b) in the case of a claim under section 33B or 33C on the date of his | |
displacement from the land. | |
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 | 10 |
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)— | |
(a) a receiver, trustee in bankruptcy or the official receiver in the | |
case of an individual; | 15 |
(b) an administrator, administrative receiver, liquidator or | |
provisional liquidator or the official receiver in the case of a | |
company or a partnership. | |
(3) Insolvency proceedings are— | |
(a) proceedings in bankruptcy; | 20 |
(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. | |
33G Death | 25 |
(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— | |
(a) occupied the land for a period of not less than one year ending | 30 |
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). | |
(3) The grounds are— | 35 |
(a) a testamentary disposition; | |
(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 | 40 |
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 | |
compulsory acquisition of agricultural holding). | 45 |
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(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 | |
(1) Any dispute as to the amount of a payment to be made under section | 5 |
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); | |
(b) the last day of the period of three months beginning with the | 10 |
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— | |
(a) the date the person is displaced from the land; | 15 |
(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 | 20 |
(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 | 25 |
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 | 30 |
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, | 35 |
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 | 40 |
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. | |
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(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. | 5 |
(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 | 10 |
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; | 15 |
(b) subsection (3) must be ignored.” | |
Part 9 | |
Miscellaneous and general | |
Crown | |
104 Crown | 20 |
(1) This Act (except Part 8) binds the Crown. | |
(2) The amendments made by Part 8 apply to the Crown to the extent that the | |
enactments amended so apply. | |
Miscellaneous | |
105 Validity of strategies, plans and documents | 25 |
(1) This section applies to— | |
(a) a revision of the regional spatial strategy; | |
(b) the Wales Spatial Plan; | |
(c) a development plan document; | |
(d) a local development plan; | 30 |
(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. | 35 |
(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— | |
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(a) the document is not within the appropriate power; | |
(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 | 5 |
relevant document— | |
(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 | 10 |
power; | |
(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; | 15 |
(b) generally or as it affects the property of the applicant. | |
(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 55 above in the case of the Wales Spatial Plan or any revision of | 20 |
it; | |
(c) Part 2 of this Act in the case of a development plan document or any | |
revision of it; | |
(d) sections 57 to 73 above in the case of a local development plan or any | |
revision of it; | 25 |
(e) sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in | |
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 | 30 |
the adoption, publication or approval of a relevant document. | |
(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; | 35 |
(b) for the purposes of the Wales Spatial Plan (or a revision of it), the date | |
when it is approved by the National Assembly for Wales; | |
(c) for the purposes of a development plan 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); | 40 |
(d) for the purposes of a local development plan (or a revision of it), the | |
date when it is adopted by a local planning authority in Wales or | |
approved by the National Assembly for Wales (as the case may be); | |
(e) for the purposes of the spatial development strategy (or an alteration or | |
replacement of it), the date when the Mayor of London publishes it. | 45 |
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