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Changes over time for: Section 38
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Version Superseded: 01/06/2009
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Point in time view as at 06/04/2006. This version of this provision has been superseded.
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Land Compensation Act 1973, Section 38 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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38 Amount of disturbance payment.E+W
(1)The amount of a disturbance payment shall be equal to—
(a)the reasonable expenses of the person entitled to the payment in removing from the land from which he is displaced; and
(b)if he was carrying on a trade or business on that land, the loss he will sustain by reason of the disturbance of that trade or business consequent upon his having to quit the land.
(2)In estimating the loss of any person for the purposes of subsection (1)(b) above, regard shall be had to the period for which the land occupied by him may reasonably have been expected to be available for the purposes of his trade or business and to the availability of other land suitable for that purpose.
This subsection has effect subject to section 46(7) below.
(3)Where the displacement is from a dwelling in respect of which structural modifications have been made for meeting the special needs of a disabled person (whether or not the person entitled to the disturbance payment) then, if—
(a)a local authority having functions under section 29 of the National Assistance Act 1948, , provided assistance, or
(b)such an authority would, if an application had been made, have provided assistance,
for making those modifications, the amount of the disturbance payment shall include an amount equal to any reasonable expenses incurred by the person entitled to the payment in making, in respect of a dwelling to which the disabled person removes, comparable modifications which are reasonably required for meeting the disabled person’s special needs.
(4)Any dispute as to the amount of a disturbance payment shall be referred to and determined by the Lands Tribunal .
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