Housing and Planning Act 2016

192 Making a claim for compensation E+W

(1) After section 4 of the Land Compensation Act 1961 (costs) insert—

“4A Making a claim for compensation

(1) The appropriate national authority may by regulations impose further requirements about the notice mentioned in section 4(1)(b).

(2) In subsection (1) “appropriate national authority” means—

(a) in relation to a claim for compensation for the compulsory acquisition of land in England, the Secretary of State;

(b) in relation to a claim for compensation for the compulsory acquisition of land in Wales, the Welsh Ministers.

(3) Regulations under subsection (1) may make provision about—

(a) the form and content of the notice, and

(b) the time at which the notice must be given.

(4) Regulations under subsection (1) may permit or require a person specified in the regulations to design the form of the notice.

(5) Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in giving the notice.

(6) Regulations under subsection (1) are to be made by statutory instrument.

(7) A statutory instrument containing regulations under subsection (1) is subject to annulment—

(a) in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

(b) in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.”

(2) In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced owners), after subsection (2) insert—

“(2ZA) For provision about notice of claims for compensation, see sections 4 and 4A of the Land Compensation Act 1961.”

Commencement Information

I1 S. 192 in force at 6.4.2018 by S.I. 2018/251, reg. 4(c)