Land Compensation Act 1973

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Point in time view as at 06/04/2006. This version of this provision has been superseded.

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Land Compensation Act 1973, Section 37 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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37 Disturbance payments for persons without compensatable interests.E+W

(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;

[F1(b)the making of a housing order in respect of a house or building on the land;]

(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 [F2any improvement to a house or building on the land or of] redevelopment on the land,

(d)[F3the 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 [F4a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act)];]

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 [F6the housing order;]

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(c)in a case within subsection (1)(b) above, if he is entitled to [F8a payment under section 584A(1) of the Housing Act 1985 (compensation payable in case of [F9prohibition] and demolition orders)].

[F10(d) in a case within subsection (1)(d) above, unless the M1 displacement occurred on or after 31st July 1974 (on which date the Housing Act 1974 was passed). ]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition [F12improvement 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 [F13a housing order within paragraph (b) of that subsection unless he was in lawful possession as aforesaid at the time when the order was made.]

[F14(3A)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of [F15the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of that improvement.]]

(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 M2 Landlord 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 M3 Land Compensation Act 1961. . . F16 , 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(9)In this section “a housing order”. . . F16 F18...[F19“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

F1S. 37(1)(b) substituted (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 5(2)(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)