Part IIIE+W Provisions for Benefit of Persons Displaced From Land

[F1Other loss paymentsE+W

Textual Amendments

F1S. 33A and cross-heading inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 106 (with s. 106(2)(3)); S.I. 2004/2593, art. 2(a)

33ABasic loss paymentE+W

(1)This section applies to a person—

(a)if he has a qualifying interest in land,

(b)if the interest is acquired compulsorily, and

(c)to the extent that he is not entitled to a home loss payment in respect of any part of the interest.

(2)A person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—

(a)7.5% of the value of his interest;

(b)£75,000.

(3)A payment under this section must be made by the acquiring authority.

(4)An interest in land is a qualifying interest if it is a freehold interest or an interest as tenant and (in either case) it subsists for a period of not less than one year ending with whichever is the earliest of—

(a)the date on which the acquiring authority takes possession of the land under section 11 of the Compulsory Purchase Act 1965 (entry to take possession of land);

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the vesting date (within the meaning of the Compulsory Purchase (Vesting Declarations) Act 1981) if a declaration is made under section 4 of that Act (general vesting declaration);

(d)the date on which compensation is agreed between the person and the acquiring authority;

(e)the date on which the amount of compensation is determined by the [F3Upper Tribunal].

(5)The compulsory acquisition of an interest in land includes acquisition of the interest in consequence of the service of—

(a)a purchase notice under section 137 of the Town and Country Planning Act 1990 (right to require purchase of certain interests);

(b)a notice under section 150 of that Act (purchase of blighted land).

(6)The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (7) and (8).

(7)If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.

(8)If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.]

Textual Amendments