Land Compensation Act 1973

Changes over time for: Section 52

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Land Compensation Act 1973, Section 52 is up to date with all changes known to be in force on or before 27 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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 S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the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

52 Right to advance payment of compensation.E+W

[F1(1)An acquiring authority may make an advance payment on account of compensation payable by them for the compulsory acquisition of an interest in land if a request has been made under subsection (2) after the compulsory acquisition has been authorised.

(1A)In a case where the compulsory acquisition is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority may not make an advance payment if they have not taken possession of the land, but must do so if they have.

(1B)In all other cases, an acquiring authority must make an advance payment under subsection (1) if, before or after the request is made, the authority—

(a)give a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, or

(b)execute a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of that land.]

[F2(2)A request for advance payment must be made in writing by the person entitled to it (“the claimant”) and must include—

(a)details of the claimant's interest in the land, and

(b)information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made.

(2A)Within 28 days of receiving a request, the acquiring authority must—

(a)determine whether they have enough information to estimate the amount of compensation, and

(b)if they need more information, require the claimant to provide it.]

(3)Subject to subsection (6) below, the amount of any advance payment under this section shall be equal to 90 per cent. of the following amount, that is to say—

(a)if the acquiring authority and the claimant have agreed on the amount of the compensation, the agreed amount;

(b)in any other case, an amount equal to the compensation as estimated by the acquiring authority.

[F3(4)An advance payment required by subsection (1A) must be made—

(a)before the end of the day on which the authority take possession of the land, or

(b)if later, before the end of the period of two months beginning with the day on which the authority—

(i)received the request for the advance payment, F4...

(ii)received any further information required under subsection (2A)(b)[F5, or

(iii)received any further information required under section 52ZC(2)(b).]

(4ZA)An advance payment required by subsection (1B) must be made—

(a)before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or

(b)if later, before the end of the period of two months beginning with the day on which the authority—

(i)received the request for the advance payment, F6...

(ii)received any further information required under subsection (2A)(b)[F7, or

(iii)received any further information required under section 52ZC(2)(b).]]

F8[(4A)Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time.

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F10(6)If the land is subject to a mortgage sections 52ZA and 52ZB apply.]

(7)Any advance payment on account of compensation in respect of an interest which is settled land for the purposes of the M1Settled Land Act 1925 shall be made to the persons entitled to give a discharge for capital money and shall be treated as capital money arising under that Act.

(8)[F11Before] an acquiring authority make an advance payment under this section on account of compensation in respect of any interest in land they shall deposit with the council of the district or London borough [F12or Welsh county or county borough] in which the land is situated particulars of the payment [F13to be made], the compensation and the interest in land to which it relates;. . . F14

[F15(8A) Any particulars deposited pursuant to subsection (8) above shall be a local land charge and for the purposes of the M2 Local Land Charges Act 1975 the council with whom any such particulars are deposited shall be treated as the originating authority as respects the charge thereby constituted. ]

(9)[F16Where a local land charge is registered in the F17... local land charges register pursuant to subsection (8A) above and the advance payment to which the charge relates is made to the claimant, then if thereafter]

[F18(a)the claimant's interest in some or all of the land is acquired by another person, or

(b)the claimant creates an interest in some or all of the land in favour of a person other than the acquiring authority,

the amount of the advance payment together with any amount paid under section 52A shall be set off against any sum payable by the authority to that other person in respect of the compulsory acquisition of the interest acquired or the compulsory acquisition or release of the interest created.]

(10)Where an advance payment has been made under this section on account of any compensation—

(a)section 76 of the M3Lands Clauses Consolidation Act 1845 and section 9 of the M4Compulsory Purchase Act 1965 (refusal of owner to convey on tender of compensation) shall have effect as if references to the compensation were references to the balance thereof remaining unpaid F19. . .

F20(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)This section shall apply to compensation for the compulsory acquisition of a right over land as it applies to compensation for the compulsory acquisition of an interest in land, and shall so apply with the necessary modifications and as if references to taking possession of the land were references to first entering it for the purpose of exercising the right.

F21(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 52(1)-(1B) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(2)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6)

F2S. 52(2)(2A) substituted for s. 52(2) (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(2), 216(3); S.I. 2018/251, reg. 4(e) (with reg. 6)

F3S. 52(4)(4ZA) substituted for s. 52(4) (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(2)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6)

F4Word in s. 52(4)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(a)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)

F5S. 52(4)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(a)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)

F6Word in s. 52(4ZA)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(b)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)

F7S. 52(4ZA)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(2)(b)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)

F8S. 52(4A)(5) substituted for s. 52(5) (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 63(1) (with s. 84(5)); S.I. 1991/2067, art. 3.

F9S. 52(5) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 197(3), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6)

F10S. 52(6) substituted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(2)(b); S.I. 2004/2593, art. 2(a)