- Latest available (Revised)
- Point in Time (07/09/2023)
- Original (As enacted)
Point in time view as at 07/09/2023.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Land Compensation Act 1973. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F1or 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][F2or the Local Government (Wales) Act 1994];
(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 [F3or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of [F4either of those Acts]];
“claim” means a claim under this Part of this Act and “the claimant” means the person making such a claim;
. . . F5
“commencement date” means the date on which this Part of this Act comes into force;
[F6“the first claim day” has the meaning given in section 3(2) above;]
“highway” includes part of a highway and,. . . F7, means a highway or part of a highway maintainable at the public expense as defined in [F8section 329(1) of the M1Highways Act 1980]
. . . F9
“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.
[F10(2A)For the purposes of the M2Limitation 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. . . F11
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
Textual Amendments
F1Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(a)
F2Words in pargaraph (a) of the definition of the
“appropriate highway authority”
in s. 19(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(2)(a) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 4, Sch. 2
F3Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. II para. 51(b)
F4Words in paragraph (b) of the definition of the
“appropriate highway authority”
in s. 19(1) inserted (1.4.1996) by S.I. 1996/525, art. 3, Sch. Pt. I para. 1
F5Definition 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
F6Definition 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
F7Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
F8Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 23(a)
F9Definitions repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. II
F10S. 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
F11Words 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
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: