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Land Compensation Act 1973
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2024/393 Sch. 10 para. 1 2
- Act applied (with modifications) by S.I. 2024/436 Sch. 9 para. 1 3
- Act applied (with modifications) by S.I. 2024/526 Sch. 10 para. 1 3
- Act applied (with modifications) by S.I. 2024/564 Sch. 8 para. 1 3
- Act modified by S.I. 2020/1297 Sch. 5 para. 3 (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
- Act modified by S.I. 2021/51 Sch. 6 para. 3 (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A(9)(b)(c) substituted for s. 12A(9)(b) by 2002 c. 15 Sch. 8 para. 1(4)
- s. 52A(2B) inserted by 2016 c. 22 s. 196(2)(b)
- s. 52A(2B) words substituted by 2017 c. 20 s. 39
33 Home loss payments for certain caravan dwellers.E+W
(1)Sections 29 to 32 above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as they have effect in relation to a person displaced from a dwelling on any land but shall so have effect subject to the following modifications.
(2)No home loss payment [F1or discretionary payment] shall be made to any person by virtue of this section except where no suitable alternative site for stationing a caravan is available to him on reasonable terms.
(3)Subsection (1) of section 29 above shall have effect as if for the words preceding paragraph (a) there were substituted the words “Where a person residing in a caravan on a caravan site is displaced from that site in consequence of” and subsection (2) of that section shall have effect as if for paragraphs (a) and (b) there were substituted—
[F2“(a)he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and
(b)he has been in such occupation of the site by virtue of an interest or right to which this section applies.”]
F3 [( 4 )Section 30 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.]
(5)Section 32 above shall have effect—
F4 [( a )as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;]
(b)as if in subsection (4) for the words “resided in the dwelling, or a substantial part of it” there were substituted the words “resided in a caravan on the caravan site”; and
(c)as if for subsection (5) there were substituted—
“(5)Where any land comprises two or more caravan sites and the claimant has successively been in occupation of or resided in a caravan on different caravan sites on that land, section 29(2) above and subsections [F5(3) to (4)] above shall have effect as if those sites were the same site.”
(6)Sections 29 to 32 above shall have effect as if in any provision not modified as aforesaid for any reference to a dwelling or land there were substituted a reference to a caravan site.
(7)In this section “caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed.
Textual Amendments
F1Words in s. 33(2) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(a)(9)(with s. 84(5)); S.I. 1991/2067, art.3
F2Words in s. 33(3) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(b)(9) (with s. 84(5)); S.I. 1991/2067, art. 3.
F3S. 33(4) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(c)(9) (with s. 84(5)); S.I. 1991/2067, art. 3.
F4S. 33(5)(a) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(d)(9) (with s. 84(5)); S.I. 1991/2067, art.3.
F5Words in s. 33(5)(c) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(8)(d)(9) (with s. 84(5)); S.I. 1991/2067,art. 3.
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