|
| |
|
(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. |
| |
| |
(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 |
| |
| 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. |
| |
| 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 |
| |
| |
(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, |
| |
| |
(b) | is entitled to benefit on the death of the deceased by virtue of a |
| |
ground mentioned in subsection (3). |
| |
| 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 |
|
| |
|
| |
|
(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. |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
| |
(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 |
| |
(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 |
| |
| 15 |
(b) | subsection (3) must be ignored.” |
| |
| |
Miscellaneous and general |
| |
| |
| 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. |
| |
| |
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 |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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— |
| |
| 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 |
| |
(c) | Part 2 of this Act in the case of a development plan document or any |
| |
| |
(d) | sections 57 to 73 above in the case of a local development plan or any |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
|
| |
|