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Planning and Compulsory Purchase Act 2004

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Planning and Compulsory Purchase Act 2004, Section 109 is up to date with all changes known to be in force on or before 14 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 109:

  • specified provision(s) amendment to earlier commencing SI 2006/1061 art. 4 by S.I. 2010/321 art. 3
  • specified provision(s) amendment to earlier commencing SI 2007/1369 art. 3 by S.I. 2010/321 art. 4

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

109Loss payments: supplementaryE+W

This section has no associated Explanatory Notes

After section 33D of the Land Compensation Act 1973 (inserted by section 108 of this Act) there are inserted the following sections—

33EClaims

(1)This section applies for the purposes of sections 33A to 33C.

(2)A claim for payment must be made in writing to the acquiring authority.

(3)The claim must give such particulars as the authority may reasonably require for the purpose of deciding—

(a)whether a payment is to be made;

(b)the amount of any such payment.

(4)For the purposes of the Limitation Act 1980 a person’s right of action to recover a payment must be taken to have accrued—

(a)in the case of a claim under section 33A on the last day of the period specified in subsection (4) of that section;

(b)in the case of a claim under section 33B or 33C on the date of his displacement from the land.

33FInsolvency

(1)This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E insolvency proceedings are started in relation to the person.

(2)Any of the following may make a claim instead of the person mentioned in subsection (1)—

(a)a receiver, trustee in bankruptcy or the official receiver in the case of an individual;

(b)an administrator, administrative receiver, liquidator or provisional liquidator or the official receiver in the case of a company or a partnership.

(3)Insolvency proceedings are—

(a)proceedings in bankruptcy;

(b)proceedings under the Insolvency Act 1986 for the winding up of a company or an unregistered company (including voluntary winding up of a company under Part 4 of that Act);

(c)proceedings for the winding up of a partnership.

33GDeath

(1)This section applies if a person is entitled to a payment under section 33A, 33B or 33C but before a claim is made under section 33E the person dies (the deceased).

(2)A claim may be made by a person who—

(a)occupied the land for a period of not less than one year ending with the date on which the deceased is displaced from the land, and

(b)is entitled to benefit on the death of the deceased by virtue of a ground mentioned in subsection (3).

(3)The grounds are—

(a)a testamentary disposition;

(b)the law of intestate succession;

(c)the right of survivorship between joint tenants.

33HAgricultural land: dual entitlement

(1)This section applies if a person is entitled in respect of the same interest in agricultural land to a payment both—

(a)under section 33B of this Act, and

(b)by virtue of section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 (additional payments in consequence of compulsory acquisition of agricultural holding).

(2)Payment may be made in respect of only one entitlement.

(3)If the person makes a claim under both provisions he must be paid in respect of the entitlement which produces the greater amount.

33IPayment

(1)Any dispute as to the amount of a payment to be made under section 33A, 33B or 33C must be determined by the Lands Tribunal.

(2)The acquiring authority must make any payment required by section 33A not later than whichever is the latest of the following dates—

(a)the last day of the period specified in section 33A(4);

(b)the last day of the period of three months beginning with the day the claim is made;

(c)the day on which the amount of the payment is determined.

(3)The authority must make any payment required by section 33B or 33C not later than whichever is the latest of the following dates—

(a)the date the person is displaced from the land;

(b)the last day of the period of three months beginning with the day the claim is made;

(c)the day on which the amount of the payment is determined.

(4)If paragraph (c) of subsection (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (the claimant).

(5)If when the value of the interest is agreed or determined the amount of a payment made under subsection (4) differs from the payment required by section 33A, 33B or 33C—

(a)the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority;

(b)the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant.

(6)The acquiring authority must pay interest on the amount required to be paid at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961.

(7)Interest accrues from the date specified in paragraph (a) of subsection (2) or (3) (as the case may be).

(8)The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in subsection (6).

33JAcquisition by agreement

(1)This section applies if—

(a)an interest in land which is a qualifying interest for the purpose of section 33A is acquired by agreement by an authority which has power to acquire the interest compulsorily, and

(b)the interest is acquired from a person who would be entitled to a payment under section 33A, 33B or 33C if the interest is acquired compulsorily.

(2)The authority may make a payment to the person of an amount equal to the amount they would be required to pay if the interest is acquired compulsorily.

33KRegulations

(1)This section applies for the purposes of sections 33A to 33I.

(2)The Secretary of State may by regulations substitute for any amount or percentage figure specified in these sections such other amount or percentage figure (as the case may be) as he thinks fit.

(3)Except as provided in the following provisions of this section, a power to make regulations must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4)This subsection applies to regulations under subsection (2) which substitute—

(a)a percentage figure, or

(b)an amount, in a case where the change in value condition is not satisfied.

(5)A statutory instrument containing regulations to which subsection (4) applies must not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

(6)The change in value condition is satisfied if the Secretary of State thinks that in the case of the substitution of an amount it is expedient to make the substitution in consequence of changes in the value of money or land.

(7)Regulations under subsection (2) may make different provision for different purposes.

Commencement Information

I1S. 109 in force at 31.10.2004 by S.I. 2004/2593, art. 2(a)

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