C1PART 7Compulsory purchase etc
Compensation
I1194Making a request for advance payment of compensation
1
The Land Compensation Act 1973 is amended as follows.
2
In section 52 (right to advance payment of compensation), for subsection (2) substitute—
2
A request for advance payment must be made in writing by the person entitled to it (“the claimant”) and must include—
a
details of the claimant's interest in the land, and
b
information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made.
2A
Within 28 days of receiving a request, the acquiring authority must—
a
determine whether they have enough information to estimate the amount of compensation, and
b
if they need more information, require the claimant to provide it.
3
In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute—
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.
4
After section 52ZC (land subject to mortgage: supplementary) insert—
52ZDMaking a request for advance payment
1
The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).
2
In subsection (1) “appropriate national authority” means—
a
in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;
b
in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.
3
Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request.
4
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 making a request.
5
Regulations under subsection (1) are to be made by statutory instrument.
6
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.
Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)