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Land Compensation Act 1973
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Land Compensation Act 1973, Section 52AZA 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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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 S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the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
[F152AZARepayment by claimant etc.E+W
(1)Where the amount or aggregate amount of any payments under section 52 made on the basis of the acquiring authority's estimate of the compensation exceeds the compensation as finally determined or agreed, the excess is to be repaid.
(2)If after any payment under section 52 has been made to any person it is discovered that the person was not entitled to it, the person must repay it.
(3)If the notice to treat relating to an interest in land in relation to which an acquiring authority have made a payment to a claimant under section 52 is withdrawn or has ceased to have effect before the authority take possession of the land, the authority may by notice require the claimant to pay them an amount equal to the amount of the payment, unless another person has acquired the whole of the claimant's interest in the land.
(4)Subsection (5) applies where—
(a)a payment made to a claimant has been registered as a local land charge in accordance with section 52(8A),
(b)the whole of the claimant's interest in land has subsequently been acquired by another person (a “successor”),
(c)any notice to treat given in relation to the interest is withdrawn or ceases to have effect before the acquiring authority take possession of the land, and
(d)the authority notify the successor that they are not going to give the successor a notice to treat (or a further notice to treat) for the interest.
(5)The authority may by notice require the successor to pay them an amount equal to the amount of any payment made to the claimant under section 52.
(6)A notice under subsection (3) or (5) must specify the date by which the claimant or successor must pay the amount.
(7)The date mentioned in subsection (6) must be after the period of two months beginning with the day on which the authority give the notice under subsection (3) or (5).
(8)Neither subsection (3) nor subsection (5) affects a right to compensation under section 31(3) or (3A) of the Land Compensation Act 1961 or section 5(2C)(b) of the Compulsory Purchase Act 1965.]
Textual Amendments
F1S. 52AZA inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 197(5), 216(3); S.I. 2018/251, reg. 4(h) (with reg. 6)
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