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Land Compensation Act 1973

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  • 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
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  • 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).)

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40 Duty to rehouse certain caravan dwellers. E+W

(1)Section 39 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 it has effect in relation to a person displaced from residential accommodation on any land but shall so have effect subject to the following modifications.

(2)Subsection (1) of the said section 39 shall have effect—

(a)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

(b)as if for the words following paragraph (c) there were substituted the words “and neither suitable residential accommodation nor a suitable alternative site for stationing a caravan is available to that person on reasonable terms, then, subject to the provisions of this section, it shall be the duty of the relevant authority to secure that he will be provided with suitable residential accommodation”.

(3)Subsection (6) of the said section 39 shall have effect as if in the words preceding paragraph (a) for the words “unless he was residing in the accommodation in question” there were substituted the words “unless he was residing in a caravan on the caravan site in question”.

(4)The said section 39 shall have effect as if in any provision not modified as aforesaid for any reference to land there were substituted a reference to a caravan site.

(5)In this section “caravan site” has the same meaning as in section 33 above.

Modifications etc. (not altering text)

C1S. 40: power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(c)(4)

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