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Land Compensation Act 1973
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- Act applied (with modifications) by S.I. 2024/1014 Sch. 5 para. 1 3
- Act applied (with modifications) by S.I. 2024/752 Sch. 6 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 S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the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
28 Power to pay expenses of persons moving temporarily during construction works etc.E+W
(1)This section has effect where works are carried out—
(a)by a highway authority for the construction or improvement of a highway; or
(b)by a responsible authority for the construction or alteration of any public works other than a highway,
and the carrying out of those works affects the enjoyment of a dwelling adjacent to the site on which they are being carried out to such an extent that continued occupation of the dwelling is not reasonably practicable.
(2)Subject to subsection (3) below, the highway authority or responsible authority, as the case may be, may pay any reasonable expenses incurred by the occupier of the dwelling in providing suitable alternative residential accommodation for himself and members of his household for the whole or any part of the period during which the works are being carried out.
(3)No payment shall be made to any person under this section in respect of any expenses except in pursuance of an agreement made between that person and the authority concerned before the expenses are incurred; and no payment shall be so made except in respect of the amount by which the expenses exceed those which that person would have incurred if the dwelling had continued to be occupied.
(4)In this section “public works” and “responsible authority” have the same meaning as in section 1 above.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
Modifications etc. (not altering text)
C1S. 28 modified (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 31(2) (with art. 26(2))
C2S. 28 modified (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 41(2) (with art. 35(2))
C3S. 28 modified (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 32(2) (with arts. 27(2), 39, Sch. 10 para. 4)
C4S. 28 modified (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 40(2) (with art. 34(2))
C5S. 28 modified (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 47(2) (with art. 51)
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