59 Compensation for exercise of powers under ss. 57 and 58. E+W
(1)Where by virtue of any certificate given for the purposes of either of the two last foregoing sections [F1or, subject to subsection (1A) below, section 60A below] the tenant is precluded from obtaining an order for the grant of a new tenancy, or of a new tenancy for a term expiring later than a specified date, the tenant shall be entitled on quitting the premises to recover from the owner of the interest by virtue of which the certificate was given an amount by way of compensation, and subsections (2), (3)[F2to (3B)] and (5) to (7) of section thirty-seven of this Act shall with the necessary modifications apply for the purposes of ascertaining the amount.
[F3(1A)No compensation shall be recoverable under subsection (1) above where the certificate was given under section 60A below and either—
(a) the premises vested in the Welsh Development Agency under section 7 (property of Welsh Industrial Estates Corporation) or 8 (land held under M1 Local Employment Act 1972) of the M2 Welsh Development Agency Act 1975, [F4 and were transferred to the National Assembly for Wales by virtue of the Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005. ] or
[F5(b)the tenant was not the tenant of the premises when the interest by virtue of which the certificate was given was acquired by the Welsh Development Agency or, if the interest was acquired on or after 1 April 2006, by the National Assembly for Wales in exercise of functions transferred to it by the Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005]]
F6(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subsections (2) and (3) of section thirty-eight of this Act shall apply to compensation under this section as they apply to compensation under section thirty-seven of this Act.
Textual Amendments
F1Words in s. 59(1) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 1 (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4.
F2Words in s. 59(1) inserted (1.6.2004) by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (S.I. 2003/3096), art. 1(3), Sch. 5 para. 8
F3S. 59(1A) inserted by Welsh Development Agency Act 1975 (c. 70), s. 11(2)(b)
F4 Words in s. 59(1A)(a) inserted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226) , Sch. 2 para. 1(1) (with art. 3(1) )
F5 S. 59(1A)(b) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226) , Sch. 2 para. 1(2) (with art. 3(1) )
F6S. 59(1B) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4.
Modifications etc. (not altering text)
C1S. 59 restricted by Leasehold Reform Act 1967 (c. 88), s. 28(3)
Marginal Citations