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Compulsory Purchase Act 1965

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This is the original version (as it was originally enacted).

Application of compensation payable in respect of interest of person under disability

6(1)This paragraph applies to the compensation in respect of any land or interest in land purchased by the acquiring authority from a person who has no power to sell or convey it except under this Schedule, and compensation in respect of any permanent damage to any such land.

(2)Subject to this Schedule the compensation shall be paid into court and shall remain until applied to one or more of the following purposes on an order of the High Court, that is—

(a)in the discharge of any debt or incumbrance affecting the land, or affecting other land settled therewith on the same or the like trusts or purposes, or

(b)in the purchase of other land to be conveyed, limited and settled upon like trusts and purposes, and in the same manner, as the land stood settled in respect of which the compensation was paid, or

(c)if the compensation was paid in respect of any buildings taken or injured by the proximity of the works, in removing or replacing the buildings, or substituting other buildings, in such manner as the High Court may direct, or

(d)in payment to any party becoming absolutely entitled to the compensation.

(3)If, before compensation is applied under sub-paragraph (2) of this paragraph, it is dealt with under section 6 of the Administration of Justice Act 1965, the annual proceeds thereof shall be paid to the person who would for the time being have been entitled to the rents and profits of the land in respect of which the compensation was paid.

(4)An order of the High Court under this paragraph may be made on the application of the person who would have been entitled to the rents and profits of the land in respect of which the compensation is paid.

(5)Before Schedule 1 to the Administration of Justice Act 1965 comes into force, compensation which has not been applied under sub-paragraph (2) of this paragraph may, on the order of the High Court, be invested in accordance with rules of court, and the interest, dividends and annual proceeds of the investment shall be paid to the person mentioned in sub-paragraph (3) of this paragraph.

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