Part III Provisions for Benefit of Persons Displaced From Land
Other loss payments
F133COccupier’s loss payment: other land
(1)
This section applies to a person if—
(a)
he has a qualifying interest in land for the purposes of section 33A,
(b)
the land is not agricultural land,
(c)
the interest is acquired compulsorily, and
(d)
he occupied the land for the period specified in section 33A(4).
F2(1A)
In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
(a)
7.5% of the value of the interest;
(b)
the land amount;
(c)
the buildings amount.
(1B)
But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.
(2)
F3In a case where the qualifying interest is in land in Wales, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
(a)
2.5% of the value of his interest;
(b)
the land amount;
(c)
the buildings amount.
(3)
But the maximum amount which may be paid to a person under F4subsection (2) in respect of an interest in land is £25,000.
(4)
A payment under this section must be made by the acquiring authority.
(5)
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition F5(including in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored)); but this is subject to subsections (6) and (7).
(6)
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.
(7)
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.
F6(7A)
In the case of land in England, the land amount is the greater of—
(a)
£7,500;
(b)
£7.50 per square metre (or part of a square metre) of the area of the land.
(7B)
But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (7A)(a) there is substituted £900.
(8)
F7In the case of land in Wales, the land amount is the greater of—
(a)
£2,500;
(b)
£2.50 per square metre (or part of a square metre) of the area of the land.
(9)
But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (8)(a) there is substituted £300.
F8(9A)
In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.
(10)
F11(11)
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