Local Government, Planning and Land Act 1980

112 Claims for compensation for depreciation

(1) Part I of the Act of 1973 and Part I of the Scottish Act of 1973 shall be amended as follows.

(2) In section 3(2) of each Act (no claim under Part I shall be made otherwise than in the claim period, that is to say, the period of two years beginning on the expiration of twelve months from the relevant date) for the words from " otherwise than " onwards there shall be substituted the words " before the expiration of twelve months from the relevant date ; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as' the first claim day

(3) In section 1(l)(i) of each Act for the words " within the time limited " there shall be substituted the words

“after the time provided”.

(4) In sections 3(3), 4(1) and (2), 12(4) and (5), 16(2) and 18(1) of the Act of 1973 and sections 3(3), 4(1) and (2), 14(2) and 16 of the Scottish Act of 1973 for the words " the beginning of the claim period" or " the first day of the claim period", wherever they occur, there shall be substituted the words

“the first claim day”

and in section 16(2) of the Act of 1973 and section 14(2) of the Scottish Act of 1973 for the words " the beginning of that period " there shall be substituted the words

“that day”.

(5) In section 19(1) of the Act of 1973 and section 17(1) of the Scottish Act of 1973 the definition of " the claim period " shall be omitted and immediately before the definition of

“highway”there shall be inserted the following definition—

(6) After section 19(2) of the Act of 1973 there shall be inserted the following subsection—

“(2A) For the purposes of the Limitation Act 1939, a person's right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.”.

(7) After section 17(2) of the Scottish Act of 1973 there shall be inserted the following subsection—

“(2A) 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 compensation under this Part of this Act, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the first claim day.”.

(8) In section 19(3) of the Act of 1973 and section 17(3) of the Scottish Act of 1973 the words from "but, if it does" onwards shall be omitted.

(9) Part I of each Act shall have effect without the amendments made by the preceding provisions of this section in cases where the relevant date was more than three years before the passing of this Act.