33DLoss payments: exclusions

1

This section applies to a person if—

a

he is a person to whom section 33A, 33B or 33C applies,

b

a notice falling within subsection (4) has been served on him in relation to the land mentioned in that section,

c

at the relevant time the notice has effect or is operative, and

d

he has failed to comply with any requirement of the notice.

2

This section also applies to a person if—

a

he is a person to whom section 33A, 33B or 33C applies,

b

a copy of an order falling within subsection (5) has been served on him in relation to the land mentioned in that section, and

c

the order has not been quashed on appeal.

3

No payment may be made under section 33A, 33B or 33C to a person to whom this section applies.

4

These are the notices—

a

notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);

b

notice under section 189 of the Housing Act 1985 (requirement to repair dwelling etc. unfit for human habitation);

c

notice under section 190 of that Act (requirement to repair dwelling etc. in state of disrepair);

d

notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (repairs notice prior to compulsory notice of acquisition of listed building).

5

These are the orders—

a

an order under section 264 of the Housing Act 1985 (closure of dwelling etc. unfit for human habitation);

b

an order under section 265 of that Act (demolition of dwelling etc. unfit for human habitation).

6

The relevant time is the time at which the compulsory purchase order in relation to the person’s interest in the land—

a

is confirmed, in the case of an order falling within section 2(2) of the Acquisition of Land Act 1981 (procedure for authorisation);

b

is made, in the case of an order falling within section 2(3) of that Act.

7

The Secretary of State may by regulations amend subsections (4) and (5).