Land Compensation Act 1973

19 Interpretation of Part I. E+W

(1) In this Part of this Act—

• “the appropriate highway authority” means—

(a) except where paragraph (b) below applies, the highway authority who constructed the highway to which the claim relates [F1 or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985];

(b) if and so far as the claim relates to depreciation that would not have been caused but for alterations to the carriageway of a highway, the highway authority who carried out the alterations [F2 or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of that Act];

• “claim” means a claim under this Part of this Act and “the claimant” means the person making such a claim;

• . . . F3

• “commencement date” means the date on which this Part of this Act comes into force;

• [F4 “the first claim day” has the meaning given in section 3(2) above;]

• “highway” includes part of a highway and,. . . F5 , means a highway or part of a highway maintainable at the public expense as defined in [F6 section 329(1) of the M1 Highways Act 1980]. . . F5

• . . . F7

• “public works” and “responsible authority” have the meaning given in section 1 above;

• “the relevant date” has the meaning given in sections 1(9) and 9(2) above.

(2) For the purposes of sections 2(1), 11(1) and 14(2) above an interest acquired or disposed of, or a tenancy granted, pursuant to a contract shall be treated as acquired, disposed of or granted when the contract was made.

[F8 (2A) For the purposes of the M2 Limitation Act 1939, a person’s right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.]

(3) In the application of this Part of this Act to a highway which has not always since 17th October 1969 been a highway maintainable at the public expense as defined above—

(a) references to its being open to public traffic shall be construed as references to its being so open whether or not as a highway so maintainable;

(b) for references to the highway authority who constructed it there shall be substituted references to the highway authority for the highway;

and no claim shall be made if the relevant date falls at a time when the highway was not so maintainable and the highway does not become so maintainable within three years of that date. . . F9

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F1 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(a)

F2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(b)

F3 Definition repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980

F4 Definition inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9) except in cases where the relevant date was more than 3 years before 13.11.1980

F5 Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

F6 Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 23(a)

F7 Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II

F8 S. 19(2A) inserted by Local Government, Planning and Land Act 1980 (c. 65) s. 112(6)(9) except in cases where the relevant date was more than 3 years before 13.11.1980

F9 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(8)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980

F10 Ss. 18(2), 19(4) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Marginal Citations

M1 1980 c. 66.

M2 1939 c. 21.