The Home Loss Payments (Prescribed Amounts) (England) Regulations 2019

Statutory Instruments

2019 No. 1117

Acquisition Of Land, England

Compensation

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2019

Made

11th July 2019

Laid before Parliament

12th July 2019

Coming into force

1st October 2019

The Secretary of State, in exercise of the powers conferred by section 30(5) of the Land Compensation Act 1973(1), makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Home Loss Payments (Prescribed Amounts) (England) Regulations 2019 and come into force on 1st October 2019.

(2) These Regulations apply in relation to cases of displacement(2) in England only.

Revision of prescribed amounts for home loss payment

2.—(1) This regulation applies where the date of displacement is on or after 1st October 2019.

(2) For the purposes of section 30(1) of the Land Compensation Act 1973—

(a) the prescribed maximum amount of home loss payment(3) is £64,000; and

(b) the prescribed minimum amount of home loss payment is £6,400.

(3) For the purposes of section 30(2) of the Land Compensation Act 1973, the prescribed amount of home loss payment is £6,400.

Revocation and savings

3.—(1) Subject to paragraph (2), the Home Loss Payments (Prescribed Amounts) (England) Regulations 2018(4) are revoked.

(2) The Regulations mentioned in paragraph (1) are to continue to have effect in relation to a displacement occurring before 1st October 2019.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Kit Malthouse

Minister of State

Ministry of Housing, Communities and Local Government

11th July 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the maximum and minimum amount of home loss payments payable in England under section 30(1) of the Land Compensation Act 1973 (c.26) (“the Act”) and the amount payable under section 30(2) of the Act. A person is entitled to a home loss payment when they are displaced from a dwelling on any land by compulsory purchase or in the other circumstances specified in section 29 of the Act.

Section 30(1) of the Act provides that in cases where a person occupying a dwelling on the date of displacement has an owner’s interest, the amount of home loss payment is calculated as a percentage of the market value of the interest, subject to a maximum and minimum amount.

Section 30(2) specifies the amount of the home loss payment in any other case.

Regulation 2(2)(a) of these Regulations increases the maximum amount payable under section 30(1) of the Act from £63,000 to £64,000 and regulation 2(2)(b) increases the minimum amount from £6,300 to £6,400.

Regulation 2(3) increases the home loss payment under section 30(2) of the Act from £6,300 to £6,400.

The revised amounts apply where the displacement occurs on or after 1st October 2019.

Regulation 3 revokes, with savings, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2018 (S.I. 2018/915).

An impact assessment has not been produced for the Regulations as they put into effect an up-rating in line with house price inflation.

The Explanatory Memorandum will be published alongside the instrument on www.legislation.gov.uk.

(1)

1973 c.26. Section 30 was substituted by section 68(3) of the Planning and Compensation Act 1991 (c.34). There are other amendments not relevant to this instrument.

(2)

Section 29(1) of the Land Compensation Act 1973 sets out the circumstances in which a displaced person may be entitled to receive a home loss payment (as defined in that section).

(3)

For the definition of home loss payment, see section 29(1) of the Land Compensation Act 1973.

(4)

S.I. 2018/915.