Search Legislation

Land Compensation (Scotland) Act 1973

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Land Compensation (Scotland) Act 1973, Cross Heading: Home loss payments. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Home loss paymentsS

27 Right to home loss payment where person displaced from dwelling.S

(1)Where a person is displaced from a dwelling on any land in consequence of—

(a)the compulsory acquisition of an interest in the dwelling;

(b)the making, passing or acceptance of a housing order, resolution or undertaking in respect of the dwelling;

(c)where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of [F1any improvement to the dwelling or of] redevelopment on the land,

[F2(d)the carrying out of any improvement to the dwelling or of redevelopment on the land by a housing association which has previously acquired the land and at the date of the displacement is registered,]

[F3(e)a requirement to remove from the building containing the dwelling in pursuance of [F4section 29] of the M1Building (Scotland) Act [F52003 (asp 8)] (dangerous buildings) or any other enactment which requires the demolition of the building on account of its condition,]

[F6(f)an order for recovery of possession of the dwelling under section [F716(2) of the Housing (Scotland) Act 2001 (asp 10) on the ground set out in paragraph 10 of schedule 2] to that Act,]

he shall, subject to the provisions of this section and section 29 below, be entitled to receive a payment (hereafter referred to as a “home loss payment”) from

[F8(i)where paragraph (a) above applies, the acquiring authority;

(ii)where paragraph (b) above applies, the authority who made the order, F9 . . . or accepted the undertaking; and

(iii)where paragraph (c) above applies, the authority carrying out the improvement or redevelopment; F9 . . .

(iv)where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.][F10and]

[F11(v)where paragraph (e) above applies the authority requiring the removal.]

[F12(vi)where paragraph (f) above applies, the landlord.]

F13[(2)A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement—

(a)he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and

(b)he has been in such occupation by virtue of an interest or right to which this section applies,

but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 29 and 30 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.]

(3)For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the compulsory acquisition of an interest therein if he gives up his occupation thereof before the date on which the acquiring authority were authorised to acquire that interest, but, subject to that, it shall not be necessary for the acquiring authority to have required him to give up his occupation of the dwelling.

[F14(3A)For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of [F15(a)] the carrying out of any improvement to the dwelling [F16or; (b) a requirement to remove as mentioned in subsection (1)(e) above] unless he is permanently displaced from it in consequence of the carrying out of the improvement in question [F17or removal as the case may be.]]

(4)This section applies to the following interests and rights—

(a)any interest in the dwelling;

F18[(b)a right to occupy the dwelling-house—

(i)as a statutory tenant within the meaning of the Rent (Scotland) Act 1984; or

(ii)under a contract to which Part VII of that Act applies or would apply if the contract or dwelling-house were not excluded by section 63(3) to (5) or under section 64(3) respectively of that Act; and]

[F19(bb)a right to occupy the dwelling as a statutory assured tenant within the meaning of the Housing (Scotland) Act 1988;]

(c)a right to occupy the dwelling under a contract of employment.

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where an authority possessing compulsory purchase powers acquire the interest of any person in a dwelling by agreement, then, in relation to any other person who is displaced from the dwelling in consequence of the acquisition, subsections (1) to (4) above shall have effect as if the acquisition were compulsory and the authority (if not authorised to acquire the interest compulsorily) had been so authorised on the date of the agreement.

(7)In this section “a housing order, resolution or undertaking” means—

(a)a demolition or closing order under Part [F21VI] of the Housing (Scotland) Act [F211987][F22or [F23an HRA designation order under section 1 of the Housing (Scotland) Act 2006 (asp 1)]] ;

(b)a resolution under section [F24125] of the said Act . . . F25 [F26of 1987] ; . . . F27

(c)an undertaking accepted under section [F28117(2)(a)] of the said Act . . . F29 [F26of 1987] ; [F30or

[F31(d)a work notice under section 30 of the said Act of 2006.]

F32 . . .

[F33(7A)In this section

improvement” includes alteration and enlargement; and “redevelopment” includes a change of use]

(8)Where an interest in a dwelling is vested in trustees and a person beneficially entitled (whether directly or derivatively) under the trust is entitled or permitted by reason of his interest to occupy the dwelling, he shall be treated for the purposes of this section as occupying it by virtue of an interest in the dwelling.

(9)[F34Subject to subsection (2) above,] this section applies if the date of displacement is on or after 17th October 1972 [F35except that, where the displacement is in consequence of the circumstances referred to in subsection (1)(e) above, it applies if the date of displacement is on or after the coming into force of paragraph 12 of Schedule 2 to the M2Housing (Financial Provisions) (Scotland) Act 1978.]]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7Words in s. 27(1)(f) substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 3(a); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F8Paras. (i) to (iv) substituted for words by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 42(1)(b)

F9Words in s. 27(1)(ii) and 'and' following para. (iii) repealed (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(2), Sch. 2 Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, 84(6), Sch. 17, Pt.II, para. 20(2), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1991/2092, art. 3

F10Word after s. 27(1)(iv) inserted (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(2), Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. II, para. 20(2)(c) (with s. 84(5)); S.I. 1991/2092, art. 3

F18S. 27(4)(b) substituted (25.9.1991) (subject to limitation referred to in S.I. 1991/ 2092, art. 4(2), Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. II, para. 20(3) (with s. 84(5); S.I. 1991/2092, art. 3

F20S. 27(5) repealed (25.9.1991) (subject to limitation referred to in S.I. 1991/2092, art. 4(2), Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), ss. 71(2)(9), 84(6), Sch. 19, Pt. IV (with s. 84(5); S.I. 1991/2092, art. 3

F23Words in s. 27(7)(a) substituted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 3(a) (with s. 193); S.S.I. 2009/122, art. 3 (with art. 7)

F26Words in s. 27(7)(b)(c) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), s. 195(3), sch. 6 para. 3(b) (with s. 193); S.S.I. 2009/122, art. 3 (with art. 7)

Marginal Citations

[27AF36Spouses having statutory occupancy rights.S

(1)This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 27 above applies, the other spouse (“B”) acquires occupancy rights (within the meaning of the M3Matrimonial Homes (Family Protection) (Scotland) Act 1981).

(2)So long as—

(a)those occupancy rights continue;

(b)B is in occupation of the dwelling and A is not; and

(c)B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 28 below).

(3)References in this section to a dwelling include a reference to a substantial part of it.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Marginal Citations

[28F37 Amount of home loss payment.S

(1)In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 27 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500.

(2)In any other case, the amount of the home loss payment shall be £1,500.

(3)For the purposes of this section and section 29 below the market value of an interest in a dwelling—

(a)in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and

(b)in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest,

and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal.

(4)In determining for the purposes of this section and section 29 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling.

(5)The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above.

(6)The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “owner’s interest” means the interest of a person who is an owner as defined in section 45(1) of the Land Compensation (Scotland) Act 1963.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

29 Supplementary provisions about home loss payments.S

[F38(1)No home loss payment or discretionary payment shall be made except on a claim in writing made by the person entitled thereto (“the claimant”) giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount.

(2)Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates—

(a)the date of displacement;

(b)the last day of the period of three months beginning with the making of the claim; and

(c)where the amount of the payment is to be determined in accordance with section 28(1) above, the day on which the market value of the interest in question is agreed or finally determined.

(2A)Where the amount of the payment is to be determined in accordance with section 28(1) above—

(a)the acquiring authority may at any time make a payment in advance; and

(b)if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so).

(2B)The amount of the payment in advance shall be the lesser of—

(a)the maximum amount for the purposes of section 28(1) above,

(b)10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount.

(2C)Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined.

(3)Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which—

(a)he has resided in the dwelling as his only or main residence but without satisfying those conditions, and

(b)another person or other persons have satisfied those conditions,

and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it.

(3A)Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 27(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 27(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).]

(4)[F39Where a person (“the deceased”) entitled to a home loss payment dies without having claimed it, a claim to the payment may be made] by any person, not being a person under the age of eighteen, who—

(a)throughout a period of not less than [F40one year] ending with the date of displacement of the deceased, has resided in the dwelling, or a substantial part of it, as his only or main residence; and

(b)is entitled to benefit by virtue of—

(i)a testamentary disposition or any other deed with testamentary effect taking effect on, or the law of intestate succession as applied to, the death of the deceased; or

(ii)a right tojus relicti, jus relictaeorlegitimout of the deceased’s estate.

(5)Where the claimant has successively been in occupation of or resided in different dwellings in the same building, being dwellings consisting of a room or rooms not constructed or structurally adapted for use as a separate dwelling, section 27(2) above and subsections [F41(3) to (4)] above shall have effect as if those dwellings were the same dwelling.

(6)Where there are two or more persons entitled to make a claim to a home loss payment in respect of the same dwelling (whether by virtue of joint occupation or of subsection (4) above) the payment to be made on each claim shall be equal to the whole amount of the home loss payment divided by the number of such persons.

(7)Where an interest in a dwelling is acquired by agreement by an authority possessing compulsory purchase powers, the authority may, in connection with the acquisition, make to the person from whom the interest is acquired a payment corresponding to any home loss payment [F42or discretionary payment] which they would be required [F42or authorised] to make to him if the acquisition were compulsory and the authority had been authorised to acquire that interest before he gave up occupation of the dwelling.

[F43(7A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of displacement.]

[F44(7AA)If a landlord recovers possession of a dwelling by agreement—

(a)after serving notice under section [F4514 of the Housing (Scotland) Act 2001 (asp 10) on the tenant specifying the ground set out in paragraph 10 of schedule 2]to that Act; or

(b)where, but for that agreement, it would have served such notice on him specifying that ground,

it may, in connection with the recovery, make to him a payment corresponding to any home loss payment [F42or discretionary payment] which it would be required [F42or authorised] to make to him if the recovery were by order under section [F4616(2)] of that Act.]

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F39Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 114(3)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980

F43S. 29(7A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 114(5)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980

F45Words in s. 29(7AA) substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 3(b)(i); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

F46Word in s. 29(7AA) substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 3(b)(ii); S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

30 Home loss payments for certain caravan dwellers.S

(1)Sections 27 to 29 above shall, so far as applicable, have effect in relation to a person residing in a caravan on a caravan site who is displaced from that site as they have effect in relation to a person displaced from a dwelling on any land but shall so have effect subject to the following modifications.

(2)No home loss payment [F48or discretionary payment] shall be made to any person by virtue of this section except where no suitable alternative site for stationing a caravan is available to him on reasonable terms.

(3)Subsection (1) of section 27 above shall have effect as if for the words preceding paragraph (a) there were substituted the words “ Where a person residing in a caravan on a caravan site is displaced from that site in consequence of ” and subsection (2) of that section shall have effect as if for paragraphs (a) and (b) there were substituted—

F49(a)he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and

(b)he has been in such occupation of the site by virtue of an interest or right to which this section applies

[F50(4)Section 28 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.]

(5)Section 29 above shall have effect—

[F51(a)as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;]

(b)as if in subsection (4) for the words “resided in the dwelling, or a substantial part of it” there were substituted the words “resided in a caravan on the caravan site”; and

(c)as if for subsection (5) there were substituted—

(5)Where any land comprises two or more caravan sites and the claimant has successively been in occupation of or resided in a caravan on different caravan sites on that land, section 27(2) above and subsections [F52(3) to (4)] above shall have effect as if those sites were the same site.

(6)Sections 27 to 29 above shall have effect as if in any provision not modified as aforesaid for any reference to a dwelling or land there were substituted a reference to a caravan site.

(7)In this section “caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F50S. 30(4) (which was repealed (1.4.1989) by S.I. 1989/47, reg. 3) is expressed to be substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 71(8)(c)(9) (with s. 84(5)); S.I. 1991/2092, art. 3

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources