The Home Loss Payments (England) Regulations 2003

Statutory Instruments

2003 No. 1706

ACQUISITION OF LAND, ENGLAND

COMPENSATION, ENGLAND

The Home Loss Payments (England) Regulations 2003

Made

8th July 2003

Laid before Parliament

11th July 2003

Coming into force

1st September 2003

The Secretary of State, in exercise of the powers conferred upon him by section 30(5) of the Land Compensation Act 1973(1), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Home Loss Payments (England) Regulations 2003 and shall come into force on 1st September 2003.

Application

2.  These Regulations apply in relation to England only.

Increase of prescribed amounts

3.—(1) For the purposes of section 30(1) of the Land Compensation Act 1973 (amount of home loss payment in England and Wales)—

(a) the prescribed maximum amount of home loss payment shall be £31,000; and

(b) the prescribed minimum amount of home loss payment shall be £3,100.

(2) For the purposes of section 30(2) of the Land Compensation Act 1973 the prescribed amount of home loss payment shall be £3,100.

(3) Paragraphs (1) and (2) do not apply in cases where the date of displacement occurs before the date on which these Regulations come into force.

Signed by authority of one of Her Majesty’s Principal Secretaries of State

Keith Hill

Minister of State,

Office of the Deputy Prime Minister

8th July 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase the amount of home loss payments in England which may be payable under the Land Compensation Act 1973. A person is entitled to a home loss payment when he is displaced from a dwelling by compulsory purchase or in the other circumstances specified in section 29 of the 1973 Act. Regulation 3(1) deals with cases where the person displaced has an owner’s interest (or is treated as having such an interest). It increases the maximum amount of a home loss payment from £15,000 to £31,000 and the minimum amount from £1,500 to £3,100. Regulation 3(2) increases the amount of a home loss payment in other cases from £1,500 to £3,100. The increases do not apply in cases where displacement occurs before the date in which these Regulations come into force (regulation 3(3)).

The regulatory impact assessment in respect of these Regulations is available on the internet at www.odpm.gov.uk. Alternatively, copies can be obtained by post from the Office of the Deputy Prime Minister, PICA B Division, Floor 3/H4, Eland House, Bressenden Place, London SW1E 5DU

(1)

1973 c. 26; section 30 was substituted by section 68(3) of the Planning and Compensation Act 1991 c. 34, from 25 September 1991 (S.I. 1991/2067). The functions of the Secretary of State under section 30(5) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2; see the entry in Schedule 1 for the Land Compensation Act 1973.