Housing Act 1985

594 Compensation where land deemed to be appropriated for purposes of Part II.

(1) This section applies where an interest in land in a clearance area is, by virtue of—

• section 305(6)(a) (building becoming listed when subject to compulsory purchase for clearance),

• section 306(2) (building becoming listed when acquired by agreement for clearance), or

• paragraph 6 of Schedule 11 (building in respect of which rehabilitation order is made),

to be treated as appropriated for the purposes of Part II (provision of housing).

(2) Compensation for the compulsory acquisition of the interest shall, where it increases the amount, be assessed to re-assessed in accordance with the provisions applying to a compulsory acquisition under Part II.

(3) Where the interest is acquired by agreement (after the declaration of the clearance area), compensation shall, where subsection (2) would have increased the amount, be assessed and paid as if the acquisition were a compulsory acquisition under section 290 (acquisition of land for clearance) to which subsection (2) above applied; but there shall be deducted from the amount of compensation so payable any amount previously paid in respect of the acquisition of that interest by the authority.

(4) Where subsection (2) or (3) applies, the local housing authority shall not later than six months after (as the case may be)—

(a) the relevant date as defined in section 305(3), or

(b) the date on which the rehabilitation order becomes operative in accordance with paragraph 14 of Schedule 11,

serve on the person entitled to the compensation a notice in the prescribed form giving particulars of the amount of compensation payable in accordance with the provisions applying to a compulsory acquisition under Part II.

(5) If the person served does not, within 21 days from service of the notice, accept the particulars, or if he disputes the amount stated, the question of disputed compensation shall be referred to the Lands Tribunal.

(6) References in this section to an increase in compensation shall be read as if payments under—

• Schedule 23 (payments for well maintained houses),

• Schedule 24 (payments in respect of houses which are owner-occupied or used for business purposes), and

• section 37 of the [1973 c. 26.] Land Compensation Act 1973 (disturbance payments for persons without compensatable interests),

and any extra-statutory payments by way of additional compensation were, to the extent that they were made to the person holding the interest in question, compensation in respect of the compulsory purchase.