- Latest available (Revised)
- Point in Time (18/04/2018)
- Original (As enacted)
Point in time view as at 18/04/2018.
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)This section applies for the purposes of sections 52ZA and 52ZB.
[F2(2)Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must—
(a)determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and
(b)if they need more information, require the claimant to provide it.]
(3)A request under section 52ZA(3) or 52ZB(3) must be made in writing and must be accompanied by the written consent of the mortgagee.
[F3(3A)In a case where the compulsory acquisition to which the request relates is one to which the Lands Clauses Consolidation Act 1845 applies, the acquiring authority must make any payment under section 52ZA or 52ZB—
(a)before the end of the day on which the authority take possession of the land, or
(b)if later, before the end of the period of two months beginning with the day on which the authority—
(i)received the request under section 52ZA(3) or 52ZB(3), F4...
(ii)received any further information required under subsection (2)[F5, or
(iii)received any further information required under section 52(2A)(b).]
(3B)In all other cases, the authority must make any payment under section 52ZA or 52ZB—
(a)before the end of the day on which the notice of entry is given or the general vesting declaration is executed, or
(b)if later, before the end of the period of two months beginning with the day on which the authority—
(i)received the request under section 52ZA(3) or 52ZB(3), F6...
(ii)received any further information required under subsection (2)[F7, or
(iii)received any further information required under section 52(2A)(b).]]
(4)Subsections F8... (8) to (9) of section 52 apply to a payment which may be or is made under section 52ZA or 52ZB as they apply to a payment which may be or is made under section 52.
(5)The relevant amount is the amount of the compensation agreed or estimated as mentioned in section 52(3).
(6)If the land is subject to more than one mortgage, the reference in sections 52ZA(1)(c) and 52ZB(1)(c) to the principal is to the aggregate of the principals of all of the mortgagees.
(7)A payment made to a mortgagee under section 52ZA or 52ZB—
(a)must be applied by the mortgagee in or towards the discharge of the principal, interest and costs and any other money due under the mortgage;
(b)must be taken to be a payment on account of compensation and treated for the purposes of section 52(10) as if it were an advance payment made under section 52;
(c)must be taken, with effect from the date of the payment, to reduce by the amount of the payment the amount in respect of which interest accrues for the purposes of section 11(1) of the Compulsory Purchase Act 1965 [F9or any bond under] section 85 of the Lands Clauses Compensation Act 1845;
(d)must be taken into account for the purposes of determining any payments (or payments into court) which may be made for the purposes of sections 14 to 16 of the Compulsory Purchase Act 1965.
(8)If the amount, or aggregate amount, of any payments under—
(a)sections 52 and 52ZA, or
(b)section 52ZB,
on the basis of the acquiring authority’s estimate of the compensation exceed the compensation as finally determined or agreed, the excess must be repaid by the claimant.
(9)No payment must be made to a mortgagee—
(a)if any of the circumstances mentioned in subsection (10) applies, or
(b)if the compulsory acquisition is only of a right over land.
(10)The circumstances are—
(a)payment has been made under section 14(2) of the Compulsory Purchase Act 1965;
(b)a notice under section 14(3) of that Act has been given;
(c)there is an agreement under section 15(1) or 16(1) of that Act or the matter has been referred to the [F10Upper Tribunal] under that section.
(11)The claimant in relation to settled land for the purposes of the Settled Land Act 1925 is the persons entitled to give a discharge for capital money.]
Textual Amendments
F1Ss. 52ZA-52ZC inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 104(3); S.I. 2004/2593, art. 2(a)
F2S. 52ZC(2) substituted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 194(3), 216(3); S.I. 2018/251, reg. 4(e) (with reg. 6)
F3S. 52ZC(3A)(3B) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), ss. 195(5)(a), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6)
F4Word in s. 52ZC(3A)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(a)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)
F5S. 52ZC(3A)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(a)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)
F6Word in s. 52ZC(3B)(b) omitted (6.4.2018) by virtue of Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(b)(i), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)
F7S. 52ZC(3B)(b)(iii) and word inserted (6.4.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 38(3)(b)(ii), 46(1); S.I. 2018/252, reg. 3 (with reg. 4)
F8Words in s. 52ZC(4) omitted (6.4.2018) by virtue of Housing and Planning Act 2016 (c. 22), ss. 195(5)(b), 216(3); S.I. 2018/251, reg. 4(f) (with reg. 6)
F9Words in s. 52ZC(7)(c) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 11; S.I. 2016/733, reg. 3(j)
F10Words in s. 52ZC(10)(c) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 108 (with Sch. 5)
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: