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- Point in Time (01/09/1995)
- Original (As enacted)
Version Superseded: 01/10/1996
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(1)Where a person is displaced from any land in consequence of—
(a)the acquisition of the land by an authority possessing compulsory purchase powers;
(b)the making F1 or acceptance of a housing order F1 or undertaking in respect of a house or building on the land F2;
(c)where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of [F3any improvement to a house or building on the land or of] redevelopment on the land,
(d)[F4the carrying out of any improvement to a house or building on the land or of re-development on the land by a housing association which has previously acquired the land and at the date of the displacement is registered under the Housing Associations Act 1985;]
he shall, subject to the provisions of this section, be entitled to receive a payment (hereafter referred to as a “disturbance payment”) from
[F5(i)where paragraph (a) above applies, the acquiring authority;
(ii)where paragraph (b) above applies, the authority who made the order, passed the resolution, accepted the undertaking or served the notice;
(iii)where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; and
(iv)where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.]
(2)A person shall not be entitled to a disturbance payment—
(a)in any case, unless he is in lawful possession of the land from which he is displaced;
(b)in a case within subsection (1)(a) above, unless either—
(i)he has no interest in the land for the acquisition or extinguishment of which he is (or if the acquisition or extinguishment were compulsory would be) entitled to compensation under any other enactment; or
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(c)in a case within subsection (1)(b) above, if he is entitled to [F7a payment under section 584A(1) of the Housing Act 1985 (compensation payable in case of closing and demolition orders)].
[F8(d)in a case within subsection (1)(d) above, unless the M1displacement occurred on or after 31st July 1974 (on which date the Housing Act 1974 was passed).]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(3)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition [F10improvement or redevelopment as is mentioned in paragraph (a), (c) or (d)] of that subsection unless he was in lawful possession of the land—
(a)in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the compulsory purchase order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;
(b)in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for that Act specifying the land were first published;
(c)in the case of land acquired by agreement, at the time when the agreement was made;
and a person shall not be treated as displaced in consequence of any such order F1[F10undertaking or improvement notice] as is mentioned in paragraph (b) of that subsection unless he was in lawful possession as aforesaid at the time when the order was made F1[F10the undertaking was accepted or the notice was served].
[F11(3A)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the service of such an improvement notice as is mentioned in paragraph (b) of that subsection or of the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of the works specified in the undertaking or notice or, as the case may be, of the improvement in question.]
(4)Where a person is displaced from land in circumstances such that, apart from this subsection, he would be entitled to a disturbance payment from any authority and also to compensation from that authority under section 37 of the M2Landlord and Tenant Act 1954 (compensation from landlord where order for new tenancy of business premises precluded on certain grounds) he shall be entitled, at his option, to one or the other but not to both.
(5)Where a person is displaced from any land as mentioned in subsection (1) above but is not entitled, as against the authority there mentioned, to a disturbance payment or to compensation for disturbance under any other enactment, the authority may, if they think fit, make a payment to him determined in accordance with section 38(1) to (3) below.
(6)A disturbance payment shall carry interest, at the rate for the time being prescribed under section 32 of the M3Land Compensation Act 1961 F1, from the date of displacement until payment.
(7)This section does not apply to any land which is used for the purposes of agriculture.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(9)In this section “a housing order F1 or undertaking”[F13“improvement”] and “redevelopment” have the same meaning as in section 29 above.
(10)This section applies if the date of displacement is on or after 17th October 1972.
Textual Amendments
F1Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
F2Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II
F3Words inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(1)(b)
F4S. 37(1)(d) substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(b)
F5Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44), s.130, Sch. 13 para. 39(1)(d)
F6S. 37(2)(b)(ii) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II
F7Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 31
F8S. 37(2)(d) added by Housing Rents and Subsidies Act 1975 (c. 6), s. 17(4), Sch. 5 para. 10(b) and continued by virtue of Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(3)(d)
F9Words repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I
F10Words substituted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(2)
F11S. 37(3A) inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(3)
F12Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I
F13Word inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 39(4)
Modifications etc. (not altering text)
C1S. 37(5) excluded by Conwy Tunnel (Supplementary Powers) Act 1983 (c. 7, SIF 59), s. 14(7)
S. 37(5) modified (5.11.1993) by 1993 c. 42, s. 2, Sch. 2 para. 5(7) (with s. 30(1), Sch. 2 para. 9).
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