Land Compensation Act 1973

Assessment of compensation E+W

44 Compensation for injurious affection. E+W

(1) Where land is acquired or taken from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land acquired or taken from him.

(2) In this section “compensation for injurious affection” means compensation for injurious affection under section 63 or 121 of the M1 Lands Clauses Consolidation Act 1845 or section 7 or 20 of the M2 Compulsory Purchase Act 1965, and subsection (1) above shall apply with the necessary modifications to such compensation under the said section 7 as substituted by [F1 paragraph 6 of Schedule 19 to the M3 Highways Act 1980], [F2 paragraph 7 of Schedule 3 to the Gas Act 1986] [F3 paragraph 3 of [F4 Schedule 9 to the Water Industry Act 1991 or of Schedule 18 to the Water Resources Act 1991]] (compulsory acquisition of rights over land) or any corresponding enactment, including (except where otherwise provided) an enactment passed after this Act.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words substituted by Highways Act 1980 (c. 66), Sch. 24 para. 13(b)

F2 Words substituted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 14(1)

F3 Words inserted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 44(1) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F4 Words in s. 44(2) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para.23

F5 S. 44(3) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Modifications etc. (not altering text)

C1 S. 44 applied (with modifications) (2.12.2020) by The Network Rail (London to Corby) (Land Acquisition) Order 2020 (S.I. 2020/1259), arts. 1(1), 7(4), Sch. 4 para. 3

C2 S. 44(1) modified (18.6.1992) by Compulsory Purchase Act 1965 (c. 56), as applied (with modifications) by British Railways (No. 2) Act 1992 (c. xi), s. 27, Sch. 3 para.1.

S. 44(1) modified (10.11.1993) by 1965 c. 56, s. 7(2) (as modified by 1993 c. 28, s. 169, Sch. 20 para.21; S.I. 1993/2762, art.3).

S. 44(1) modified (27.8.1998) by S.I. 1998/1936, art. 29(3), Sch. 7 para. 2(1)(2) (with art. 45)

S. 44(1) modified (25.11.1998 for specified purposes and otherwise 3.7.2000) by 1965 c. 56, s. 7(2) (as modified by 1998 c. 45, s. 20, Sch. 5 Pt. II para. 4; S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c))

S. 44 applied (with modifications) (19.2.1999) by S.I. 1999/537, art. 7(2), Sch. 2 para. 9

S. 44 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 15(3), Sch. 5 para. 2

S. 44 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 17(3), Sch. 7 para. 2

C3 S. 44(1) modified (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), art. 1, Sch. 4 para. 2(2)

C4 S. 44(1) applied (with modifications) (8.10.2005) by Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), art. 1, Sch. 7 para. 2(2)

C5 S. 44(1) applied (with modifications) (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), art. 1, Sch. 10 para. 2(2)

C6 S. 44(1) modified (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 para. 2(2) (with art. 33)

C7 S. 44(1) applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), art. 1, Sch. 7 paras. 1, 2(2) (with art. 33)

C8 S. 44(1) modified (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), art. 1, Sch. 8 para. 2(2)

C9 S. 44(1) modified (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), art. 1, Sch. 6 para. 3(2) (with arts. 4, 37)

C10 S. 44(1) modified (3.10.2018) by The A19/A184 Testos Junction Alteration Development Consent Order 2018 (S.I. 2018/994), art. 1, Sch. 6 para. 3 (with arts. 3(3), 5)

C11 S. 44(1) modified (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), art. 1, Sch. 9 para. 3 (with art. 37)

C12 S. 44(1) modified (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), art. 1, Sch. 5 para. 3 (with art. 5)

C13 S. 44(1) modified (23.9.2020) by The Midland Metro (Wednesbury to Brierley Hill Land Acquisition) Order 2020 (S.I. 2020/1067), Sch. 2 para. 3

Marginal Citations

M1 1845 c. 18.

M2 1965 c. 56.

M3 1980 c. 66.

45 Compensation for acquisition of dwelling specially adapted for disabled person. E+W

(1) This section applies to the assessment of compensation in respect of the compulsory acquisition of an interest in a dwelling which—

(a) has been constructed or substantially modified to meet the special needs of a disabled person; and

(b) is occupied by such a person as his residence immediately before the date when the acquiring authority take possession of the dwelling or was last so occupied before that date.

(2) The compensation shall, if the person whose interest is acquired so elects, be assessed as if the dwelling were land which is devoted to a purpose of such a nature that there is no general demand or market for land for that purpose.

46 Compensation for disturbance where business carried on by person over sixty. E+W

(1) Where a person is carrying on a trade or business on any land and, in consequence of the compulsory acquisition of the whole of that land, is required to give up possession thereof to the acquiring authority, then if—

(a) on the date on which he gives up possession as aforesaid he has attained the age of sixty; and

(b) on that date the land is or forms part of a hereditament the annual value of which does not exceed the prescribed amount; and

(c) that person has not disposed of the goodwill of the whole of the trade or business and gives to the acquiring authority the undertakings mentioned in subsection (3) below,

the compensation payable to that person in respect of the compulsory acquisition of his interest in the land or, as the case may be, under section 121 of the M4 Lands Clauses Consolidation Act 1845 or section 20 of the M5 Compulsory Purchase Act 1965 (tenants from year to year etc.) shall, so far as attributable to disturbance, be assessed on the assumption that it is not reasonably practicable for that person to carry on the trade or business or, as the case may be, the part thereof the goodwill of which he has retained, elsewhere than on that land.

(2) In subsection (1) above “the prescribed amount” means the amount which on the date mentioned in that subsection is the amount prescribed for the purposes of [F6 section 149(3)(a) of the Town and Country Planning Act 1990] (interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in [F7 section 171] of that Act taking references to the date of service of a notice under [F8 section 150] of that Act as references to the date mentioned in subsection (1) above.

(3) The undertakings to be given by the person claiming compensation are—

(a) an undertaking that he will not dispose of the goodwill of the trade or business, or, as the case may be, of the part thereof the goodwill of which he has retained; and

(b) an undertaking that he will not, within such area and for such time as the acquiring authority may require, directly or indirectly engage in or have any interest in any other trade or business of the same or substantially the same kind as that carried on by him on the land acquired.

(4) If an undertaking given by a person for the purposes of this section is broken the acquiring authority may recover from him an amount equal to the difference between the compensation paid and the compensation that would have been payable if it had been assessed without regard to the provisions of this section.

(5) This section shall apply to a trade or business carried on by two or more persons in partnership as if references to the person by whom it is carried on were references to all the partners and as if the undertakings mentioned in subsection (3) above were required to be given by all the partners.

(6) This section shall apply to a trade or business carried on by a company—

(a) as if subsection (1)(a) above required—

(i) each shareholder, other than a minority shareholder, to be an individual who has attained the age of sixty on the date there mentioned; and

(ii) each minority shareholder to be an individual who either has attained that age on that date or is the spouse of a shareholder who has attained that age on that date; and

(b) as if the undertakings mentioned in subsection (3)(b) above were required to be given both by the company and by each shareholder.

In this subsection “shareholder” means a person who is beneficially entitled to a share or shares in the company carrying voting rights and “minority shareholder” means a person who is so entitled to less than 50 per cent, of those shares.

(7) This section shall apply in relation to any disturbance payment assessed in accordance with section 38(1)(b) above as it applies in relation to the compensation mentioned in subsection (1) above, and shall so apply subject to the necessary modifications and as if references to the giving up of possession of land to the acquiring authority in consequence of its compulsory acquisition were references to displacement as mentioned in section 37 above.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F6 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(a)

F7 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(b)

F8 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(7)(c)

F9 Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Marginal Citations

M4 1845 c. 18.

M5 1965 c. 56.

[F10 47 Compensation in respect of land subject to business tenancy E+W

(1) This section applies where—

(a) in pursuance of an enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—

(i) acquires the interest of the landlord in land subject to a tenancy, or

(ii) acquires the interest of the tenant in, or takes possession of, land subject to a tenancy, and

(b) before the authority acquired the interest or took possession of the land, the tenant under the tenancy was carrying on a trade or business on the land.

(2) The principles in subsections (3) and (4) are to be applied in assessing the compensation payable by the authority to the landlord or the tenant in respect of the acquisition of the interest in or the taking of possession of the land or, as the case may be, under section 121 of the Lands Clauses Consolidation Act 1845 or section 20 of the Compulsory Purchase Act 1965 (tenants from year to year etc).

(3) Regard must be had to—

(a) the likelihood of the continuation or renewal of the tenancy,

(b) in the case of a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business tenants) applies, the right of the tenant to apply for the grant of a new tenancy,

(c) the total period for which the tenancy may reasonably have been expected to continue, including after any renewal, and

(d) the terms and conditions on which a tenancy may reasonably have been expected to be renewed or continued.

(4) It is to be assumed that neither the acquiring authority nor any other authority possessing compulsory purchase powers have acquired or propose to acquire any interest in the land.]

Textual Amendments

F10 S. 47 substituted (22.9.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 35, 46(1); S.I. 2017/936, reg. 3(e) (with reg. 4)

48 Compensation in respect of agricultural holdings. E+W

(1) [F11 Subject to subsection (1A) below] this section has effect where in pursuance of any enactment providing for the acquisition or taking of possession of land compulsorily an acquiring authority—

(a) acquire the interest of the landlord in an agricultural holding or any part of it; or

(b) acquire the interest of the tenant in, or take possession of, an agricultural holding or any part of it.

[F11 (1A) This section does not have effect where the tenancy of the agricultural holding is a tenancy to which, by virtue of section 4 of the Agricultural Tenancies Act 1995, the Agricultural Holdings Act 1986 does not apply.]

(2) In assessing the compensation payable by the acquiring authority to the landlord in connection with any such acquisition of an interest as is mentioned in subsection (1)(a) above—

(a) there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if—

(i) in [F12 Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986] (land required for non-agricultural use for which planning permission has been granted etc.) the reference to the land being required did not include a reference to its being required by an acquiring authority; and

(ii) in [F13 section 27(3)(f)] of that Act (proposed termination of tenancy for purpose of land’s being used for non-agricultural use not falling within [F14 the said Case B] the reference to the land’s being used did not include a reference to its being used by an acquiring authority; and

(b) if the tenant has quitted the holding or any part of it by reason of a notice to quit which is to be so disregarded, it shall be assumed that he has not done so.

(3) In assessing the compensation payable by the acquiring authority to the tenant in connection with any such acquisition of an interest or taking of possession of land as is mentioned in subsection (1)(b) above (hereafter referred to as “the tenant’s compensation”), there shall be disregarded any right of the landlord to serve a notice to quit, and any notice to quit already served by the landlord, which would not be or would not have been effective if the said [F15 Case B and section 27(3)(f)] were construed in accordance with subsection (2)(a)(i) and (ii) above.

(4) Section 42 of the M6 Agriculture (Miscellaneous Provisions) Act 1968 (tenant’scompensation to be assessed without regard to his prospects of remaining in possession after contractual date) and section 15(1) of that Act (effect on tenant’s compensation of provision enabling landlord to resume possession for non-agricultural use) shall cease to have effect.

(5) The tenant’s compensation shall be reduced by an amount equal to any payment which the acquiring authority are liable to make to him, in respect of the acquisition or taking of possession in question, under section 12 of the said Act of 1968 (additional payments by acquiring authority in circumstances described in subsection (1)(b) above).

(6) If the tenant’s compensation as determined in accordance with subsections (3) to (5) above is less than it would have been if those subsections had not been enacted, it shall be increased by the amount of the deficiency.

[F16 (6A) In assessing the tenant’s compensation no account shall be taken of any benefit which might accrue to the tenant by virtue of section 60(2)(b) of the Agricultural Holdings Act 1986 (additional payments by landlord for distrubance); and in this subsection the reference to the said section 60(2)(b) does not include a reference to it as applied by section 12 of the Agricultural (Miscellaneous Provisions) Act 1968.]

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F11 S. 48(1A) and words in s. 48(1) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 24 (with s. 37)

F12 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(a)

F13 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)(b)

F14 Words substituted by Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 13, Sch. 1 para. 6(2)(b) except in relation to notices to quit given before 7.4.1978: and Agricultural Holdings (Notices to Quit) Act 1977 (c. 12), s. 14 and continued by virtue of Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(2)

F15 Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(3)

F16 S. 48(6A) inserted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), s. 100, Sch. 14 para. 53(4)

F17 Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Modifications etc. (not altering text)

C14 The text of Ss. 47(2), (3), 48(4), 86, Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C15 “The said Act of 1968” means the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

Marginal Citations

M6 1968 c. 34.

49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

50 Compensation where occupier is rehoused. E+W

(1) The amount of compensation payable in respect of the compulsory acquisition of an interest in land shall not be subject to any reduction on account of the fact that the acquiring authority have provided, or undertake to provide or arrange for the provision of, or another authority will provide, residential accommodation under any enactment for the person entitled to the compensation.

(2) In assessing the compensation payable in respect of the compulsory acquisition of an interest in land which on the date of service of the notice to treat is subject to a tenancy, there shall be left out of account any part of the value of that interest which is attributable to, or to the prospect of, the tenant giving up possession after that date in consequence of being provided with other accommodation by virtue of section 39(1)(a) above; and for the purpose of determining the date by reference to which that compensation is to be assessed the acquiring authority shall be deemed, where the tenant gives up possession as aforesaid, to have taken possession on the date on which it is given up by the tenant.

(3) Subsection (1) above shall apply in relation to any payment to which a person is entitled under Part III of this Act as it applies in relation to the compensation mentioned in that subsection taking references to the acquiring authority as references to the authority responsible for making that payment.

(4) Subsection (2) above shall apply in relation to a case where a notice to treat is deemed to have been served by virtue of [F19 Part III of the Compulsory Purchase (Vesting Declarations) Act 1981] (general vesting declarations) as it applies in relation to a case where a notice to treat is actually served.

Textual Amendments

F19 Words substituted by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), Sch. 3 para. 1

51 Compensation where land is in area designated as site of new town for purpose of public development. E+W

(1) Where the Secretary of State proposes to make an order under section 1 of the [F20 New Towns Act 1981] designating any area as—

(a) the site of a new town; or

(b) an extension of the site of a new town,

and the purpose or main purpose, or one of the main purposes, for which the order is proposed to be made is the provision of housing or other facilities required in connection with or in consequence of the carrying out of any public development, he may, before making the order, give a direction specifying that development for the purposes of this section in relation to that area.

(2) Where the area mentioned in paragraph 3 or 3A in the first column of Schedule 1 to the M7 Land Compensation Act 1961 (cases where land acquired forms part of site of new town or extension of site of new town) is an area to which a direction under this section relates, then, in the circumstances described in that paragraph—

(a) the increase or diminution in value to be left out of account by virtue of section 6 of that Act (compensation to be assessed without regard to development attributable to designation of new town) or any rule of law relating to the assessment of compensation in respect of compulsory acquisition; and

(b) the increase in value to be taken into account by virtue of section 7 of that Act (reduction of compensation where other land benefited by such development),

shall respectively include any increase or diminution in value, and any increase in value, which is attributable to the carrying out or the prospect of the public development specified in the direction.

(3) No direction shall be given under this section in relation to any area until the Secretary of State has prepared a draft of the order under section 1 of the said [F21 Act of 1981]in respect of that area and has published the notice required by paragraph 2 of Schedule 1 to that Act.

(4) Any direction under this section shall be given by order; and any order containing such a direction may be varied or revoked by a subsequent order.

(5) The power to make orders under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “public development” means development (whether or not in the area designated under section 1 of the said [F22 Act of 1981]) in the exercise of statutory powers by—

(a) a government department;

(b) any statutory undertakers within the meaning of [F23 the Town and Country Planning Act 1990]or any body deemed by virtue of any enactment to be statutory undertakers for the purposes of, or of any provision of, that Act; or

(c) without prejudice to paragraph (b) above, any body having power to borrow money with the consent of a Minister,

and includes such development which has already been carried out when the direction in respect of it is given as well as such development which is then proposed.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F20 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 12 para. 9(a)

F21 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b)

F22 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), s. 81(a), Sch. 12 para. 9(b)

F23 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(8)

F24 Ss. 48(7), 49, 51(7), 52(13), 54(9), 55(5), 56(5), 57(4)–(6), 58(3), 59(8), 60, 61(6), 62, 63(2), 65–67 repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Modifications etc. (not altering text)

C16 S. 51 extended by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(2)(xviii) (with ss. 58(7), 101(1), 141(6), 153(1), 155, 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C17 S. 51 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xxv), Sch. 17 paras. 33, 35(1)

C18 S. 51 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxvii), Sch. 8 para. 33

S. 51 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xx); S.I. 1996/218, art. 2

Marginal Citations

M7 1961 c. 33.